Rudy Giuliani, the Trump’s lawyer whom the Trump told aides not to pay, says that he’s working on a defense for Trump’s impeachment that relies on a claim that Trump’s debunked statements about voter fraud were actually true, ABC News reports.

Various media outlet have reported that Trump is having problems finding lawyer to defend him in his upcoming Senate impeachment trial, so Giuliani and Alan Dershowitz will reportedly be leading the effort.

Giuliani also spoke at the January 6th rally that precipitated the coup attempt at the Capitol, saying that the sides should have “trial by combat” to determine the future of the nation. 

The premise of Giuliani’s argument–that there actually was widespread election fraud–does not provide a potential defense to the incitement of insurrection charge Trump was impeached on.  In fact, making such a defense could harm Trump’s defense by implicitly admitting that Trump did, in fact, attempt to overturn the legal certified votes of state slates in the Electoral College.

“They basically claimed that anytime [Trump] says voter fraud, voter fraud — or I do, or anybody else — we’re inciting to violence; that those words are fighting words because it’s totally untrue,” Giuliani said. “Well, if you can prove that it’s true, or at least true enough so it’s a legitimate viewpoint, then they are no longer fighting words.”

Legally, violence is not justified to overturn election results, nor would it likely to persuade members of the Senate to excuse Trump’s call for violence against Congress.

Thanks for Northampton a vry stble genius and Black Cat for the tip.