With an acquittal all but certain, the best bet is to grab the attention of TV viewers — in 12 seconds
to wrest control of the story. This team will now include former O.J. Simpson “Dream Team” member Alan Dershowitz; Kenneth W. Starr, the former independent counsel whose investigation of President Bill Clinton led to his impeachment; Trump’s personal attorney Jay Sekulow; and White House Counsel Pat Cipollone. By calling witnesses of its own, including the Bidens, the president’s team could distort the prosecutors’ narrative and turn the proceedings into a circus.
Because Republicans control the Senate and therefore the rules of the game, there is nothing House managers could do to stop the other side from calling witnesses. Trying would not only be futile, it would look like an attempt to deny Trump his right to due process. The audience would react badly to that kind of perceived unfairness.The best bet for House managers is to treat Trump’s witnesses as an irrelevant sideshow — a classic red herring.
If the proceedings truly head into carnival territory, the managers can also appeal to Roberts. The chief justice is empowered to make rulings and could impose some limits on a process run amok. Conventional wisdom says he is unlikely to inject himself into the proceedings. He is cautious by nature, and the fact that a majority of senators can overrule him is a humiliating prospect. But it is hard to see him enabling the shredding of custom, decorum and common decency.
But prosecutors should not look to Roberts as their savior. They should save themselves, and their case, by dispensing with whining and grandstanding. A smart prosecutor lets the damning, dramatic facts do the talking. Which brings me to another piece of advice my supervisor gave me all these years ago. The side with the story that most closely resembles reality is the side that wins.
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