Wednesday's House vote to impeach President Trump has teed up a Senate trial where President Donald Trump will once again decide on a team to represent him – this time on a charge of 'incitement of insurrection.'
Sources have already said Trump may turn to lawyer Rudy Giuliani as he battles impeachment a second time, this time before a Senate 'jury' that may be considerably more skeptical than last time. Senate Majority Leader Mitch McConnell said Wednesday he does not know how he will vote.
Giuliani has been a key legal advisor to Trump while also leading a personal crusade to unearth potential dirt on Joe Biden in Ukraine as well as on his son's business dealings.
But Trump will have to do without the services inside the Senate chamber of prominent constitutional lawyer Alan Dershowitz, who joined his team last year and appeared in the Senate chamber.
'I will be defending the First Amendment in the court of public opinion, not in the Senate,' Dershowitz told DailyMail.com. He didn't say whether Trump had asked him to serve in his defense.
Giuliani's appearance as a Trump lawyer before the Senate, which advisors have said it is under consideration, comes despite Giuliani himself speaking before a rally crowd shortly before the MAGA mob stormed the Capitol.
On his podcast 'What really happened on January 6,' Giuliani made an argument that likely to reappear at trial: that neither Trump (nor he) engaged in incitement.
Lawyer Alan Dershowitz said he won't defend Trump at trail, but will defend the First Amendment in public
Rudolph Giuliani, attorney for President Donald Trump, conducts a news conference at the Republican National Committee on lawsuits regarding the outcome of the 2020 presidential election on Thursday, November 19, 2020, when hair dye was seen dripping down his face
Rudy Giuliani, personal lawyer to U.S. President Donald Trump, speaks during a Pennsylvania Senate Majority Policy Committee hearing in Gettysburg, Pennsylvania, U.S., on Wednesday, Nov. 25, 2020. Trump ran with Giuliani's claims of massive fraud, continuing to make the case at a rally before the Capitol riotInsurance Loans Mortgage Attorney Credit Lawyer
Supporters listen as US President Donald Trump speaks on The Ellipse outside of the White House January 6, 2021, in Washington, DC.
He pointed to the weapons and even climbing equipment crowd members took to the Capitol after the rally where he and Trump spoke.
'This was a pre-planned attack on the Capitol, which would have happened rally or no rally or irrespective of anything said at the rally,' Giuliani said.