EXCLUSIVE: Trump attorney Bruce L. Castor Jr. previewed his defense strategy for the Senate impeachment process against former President Trump, saying he will claim that “the entire process is unconstitutional, bad public policy and sets a bad precedent for the nation.”
On Wednesday, in an exclusive interview with Fox News, Castor outlined the defense strategy of Trump’s legal team.
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“We will argue that the whole procedure is unconstitutional, bad public policy, and sets bad precedent for the nation,” said Castor. “We will argue that every person in the United States has the right to due process, even if it is the President of the United States. And the President of the United States was not given due process during the impeachment of the House.”
“A fair trial requires an investigation – there was none – and we’ll point out that,” said Castor. ‘Can you imagine the police being allowed to arrest someone because we think he did it and then do their investigation? Of course not.’
He added, “But the House wants to create a separate class of individuals who are subject to the Bill of Rights – everyone is there, and then there’s Donald Trump.”
Castor also said the team plans to discuss the First Amendment and said the defense “will spend a lot of time on what the president said and the context in which he said it.”
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Before a crowd of Trump supporters stormed the Capitol on January 6, then-President Trump held a rally, telling his supporters he would “ never give in ” and repeating baseless claims that the election had been “ stolen ” from him and that he won in a landslide. “
During his remarks, Trump put pressure on Pence, claiming that he would decertify the presidential election results and send them “ back to the United States, ” saying that if he did, Trump would be president for another four years.
Trump’s comments came before a joint session of Congress to certify the results of the presidential election.
When asked if the defense would focus on the former president’s tweets or posts on Facebook, which social media companies deemed to be in violation of their policies, and permanently suspend him over the risk of continued violence, Castor said their argument “ includes everything. i think is important to show context. “
Trump had his social media accounts suspended after posting a video during the riot, which led to multiple deaths. Trump told his supporters to “go home” but insisted the 2020 presidential election had been “stolen” from him.
Trump later tweeted, “These are the things and events that happen when a holy landslide election victory is so unceremoniously and viciously stripped of great patriots who have been treated badly and unfairly for so long. Go home with love and peace.”

In this image from video, Bruce Castor, a lawyer for former President Donald Trump, speaks during the second impeachment trial against Trump in the Senate at the US Capitol in Washington, Tuesday, February 9, 2021. (Senate TV via AP)
Meanwhile, Castor also told Fox News that Trump’s defense will point to President Biden and Vice President Kamala Harris’s calls for unity.
“I’m going to close the argument with the calls for unity by the newly installed president and the newly installed vice president and several others calling for unity, explaining how what is happening in the Senate is the furthest possible from uniting the country. ., ‘Said Castor.
“The country will never come together until this partisan resentment has subsided by about a thousand steps,” he said.
“As an American, I am sorry to see where the country has fallen and the political discourse is turning into a real hate discourse,” he said. “The country is based on a powerful political debate, and a robust political debate means that you listen to what your opponent is saying and contradict you, but you don’t hate him, and that’s what happened and I’m very disappointed about that. “
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Castor says he doesn’t view the House managers as “the enemy” or “adversaries,” but rather as those who have taken an oath to do what they believe is “best for the country.”
“Looking down the aisle, I was literally next to Mr. Raskin. I don’t see him as an enemy, I don’t even see him as an opponent in the classic sense,” said Castor. “I see him as an adversary trying to do what he thinks is best for the country, while trying to do what I think is best for the country and the 45th president of the United States.”
Castor told Fox News that under the current political climate, he “should hate and hate Mr. Raskin.”
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“Well, I don’t feel that way and I have no reason to think he feels that way,” said Castor.
“I actually believe that US senators are patriots and try to do what’s best for the country, regardless of partisan or political views,” explained Castor. “ And I really think – I’ve been elected and appointed office for three decades or more – when you put your hand on the Bible and swear that you follow the principles of the United States Constitution, or in my case, Pennsylvania, will uphold. Also a constitution, which changes a person because such promises are made to God. ‘
He added, “And I don’t want to be the guy who stands in front of St. Peter and explains why I didn’t take that seriously, and I don’t believe any US senator wants to be in that position.”
Castor said his argument doesn’t try to convince one part or the other.
“I’m trying to convince 100 people to support Trump’s legal position, whether they like him or not,” said Castor.
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As for the House managers’ abilities in presenting and arguing their case that Trump incites revolt on Jan. 6, Castor said he does not “ know them well enough to have an opinion as to whether their ability is an place is where we could be. can benefit. “
“I would be surprised if the Speaker of the House appointed members of the team who didn’t know what they were doing,” he said. “I just think the house managers have a very difficult job because I don’t think they have a very good business.”
Castor said they have “a great emotional pull that they can bring out about what happened on January 6, but they don’t have enough legal basis to support the article on inciting insurrection.”
“Their case is that what happened on January 6 is so bad that it justifies the withdrawal of all constitutional protections,” he said. “There are no facts to ever justify repealing the freedoms granted to Americans in the US Constitution.”
Meanwhile, Castor said he expects the impeachment process to end sometime over the weekend, but believes the house managers are “ready to make unpredictable strategic decisions.”
As for witnesses, Castor said he does not see “reasonable people think they should hear witnesses, when the jurors in the case are in fact witnesses themselves.”
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But if the Senate approves witnesses, Castor said he “can say with certainty that we will call witnesses and that I will interview the house managers’ witnesses.”
However, Castor has not disclosed who would call Trump’s legal team as witnesses if that were an option.
When asked why he chose to represent Trump in his second impeachment trial, Castor gave a brief response.
“One of my heroes in American history is another term president: John Adams,” Castor said. And when British soldiers fired at the Boston crowd in 1770 and were arrested for murdering Boston settlers, they needed a lawyer to defend them. John Adams defended them. ‘
He added, “Donald Trump needs a lawyer to defend him, and I will defend him.”