Pound the Table

   Lawyers often follow this axiom: When you have facts on your side, argue the facts. When you have the law on your side, argue the law. When you have neither, pound the table.
   The opening remarks of the defense team today in the Senate impeachment trial of Donald Trump amounted to table pounding. The case against the former president offered hours of video and background on just how he provoked his supporters into storming the capitol to prevent counting and certification of the electoral votes that turned him out of office.
   The single charge against him is incitement of insurrection, and House managers spent two days detailing the evidence. Today, the ex-president's lawyers began their defense by pounding the table and alleging that there was no evidence to support the charges.
   Separately, three senators met yesterday with the defense team to discuss the case and decide on defense strategy. Commentators pointed out that the three senators are not only jurors in the case, but also witnesses to the incident that brought on the charges. For them to also participate in the defense is therefore highly questionable.
   However, this is not a legal matter, but political. The worst that can happen in an impeachment case is that the accused is ousted from office and prevented from seeking another. The first part is moot, but if the president is acquitted (for the second time) he will be able to seek the presidency again in four years.
   In addition, any allegations against an official who is ousted through impeachment can still be pursued in the courts. In this case, criminal and civil court actions against the now former president are already under way in state courts, and potentially could be filed in federal courts.