Rudy Giuliani can’t represent Trump in the Senate trial because he’s a ‘witness’

I’m enjoying all of the “post-mortems” on the Republican party following their losses in the 2020 election and their incitement of a terrorist attack on the nation’s capital. It’s fun to think about how everything is going wrong for these white supremacist jackasses. But I should note… I doubt that the Republican party will even change that much in the next few years. They’ll just go into denial mode and pretend that Trump didn’t even happen, and that they, as a political party, did not enable him in the least. That’s why the Senate impeachment trial is so important for both Democrats and Republicans. For Democrats, it will be about punishing the people who attacked them and tried to take down the republic from the inside. For Republicans, the impeachment trial is an opportunity to easily rebrand their message as “anti-Trump specifically but pro-all-of-the-crap-Trump-promoted.”

Since the second impeachment, there’s been a lot of talk about who would represent Trump during the trial, and there was some suggestion that Rudy Giuliani would bring his Angry Fart Tour to the hallowed Senate chamber. But no… even if he wanted to (??) Rudy wouldn’t be allowed to represent Trump. For one, he’s probably going to be disbarred soon. Secondly, he was up there at the Stop The Steal dais, screaming and farting about “trial by combat.” Which makes him a “witness,” apparently.

Rudy Giuliani tells ABC News he will not be part of President Donald Trump’s legal team for the upcoming Senate impeachment trial.

“Because I gave an earlier speech [at the January 6 Trump rally before the Capitol riot],” Giuliani told ABC News Sunday night, “I am a witness and therefore unable to participate in court or Senate chamber.”

Trump was impeached by the House for the second time last week following the siege on the Capitol by a pro-Trump mob.

[From ABC News]

Law Twitter pointed out quickly that it’s not that Rudy’s a “witness,” he’s the SUBJECT, the co-conspirator and the accomplice. He’s the subject – or he should be the subject – of investigations into the incitement of an insurrection, same as Donald Trump. While Trump is dealing with his incitement “charge” through a Senate trial, is it possible that people like Farty Giuliani and Don Jr (who also spoke at the rally) could actually be charged with crimes shortly because they are subjects and accomplices, not witnesses?

— Elie Honig (@eliehonig) January 18, 2021

— Maggie Haberman (@maggieNYT) January 16, 2021

Photos courtesy of Backgrid, Avalon Red.

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