Trump's lawyers missed a really big opportunity. I think there's a reason they did.

Pundits are making a REALLY BIG DEAL over Trump's tweet on 1/6 regarding Pence, and the timing of it, and what it says about Trump.

I think they missed the boat entirely. I could be wrong.

1/16

Background (please read): The Capitol was assaulted. Anti-American invaders rampaged the halls searching for Senators and Congresspeople and the Vice President, at Trump's direction. At about 2:15 pm, Trump tried to call Senator Tuberville. (WHY HIM? No one has asked that.)

2/16

But Trump accidentally called Sen. Mike Lee instead. Lee handed the phone to Tuberville. At that moment, the Secret Service had hustled Pence out of the Senate chamber, wafting him off to a secure location, because the room was about to be overrun.

Pay attention here.

3/16

Tuberville told Trump, "Mr. President, they just took the vice president out, I’ve got to go," and he hung up.

So Trump knew at that moment what was happening.

Or did he?

Trump reacted about ten minutes later.

4/16 https://thehill.com/homenews/senate/538385-tuberville-says-he-told-trump-about-pences-evacuation-during-capitol-hill

It often took Trump ten minutes or so to compose a tweet. At 2:24, this is what Trump tweeted (see below).

The House Managers took this to mean Trump is badmouthing Pence, because he thinks Pence is in danger and wants the seditionists to hunt him.

I think it's worse.

5/16

Trump's TV lawyers deny Trump made the call, deny he talked to Tuberville, and deny Trump knew Pence was in danger. In theory, they should know what Trump was doing and thinking, because they're his damn lawyers and they should have talked to him about it.

6/16

Trump's TV lawyers had the perfect opportunity here to defend Trump. They already made the argument that anything Trump said in public is protected by the First Amendment, and can't be taken as encouraging violence.

They COULD have admitted Trump talked to Tuberville.

7/16

Remember, Tuberville said, "they just took the vice president out," meaning, the Secret Service hustled him out of the Senate Chamber.

Trump's TV lawyers COULD have argued that Trump thought this meant Pence was now SAFE, having been moved to a secure location.

8/16

This would mean Trump's tweet ten minutes later--convinced Pence was safe--was simply a Constitutionally-protected bit of complaint about how Trump viewed Pence's willingness to count Electoral Votes, rather than a dark threat on Pence's life.

That's defensible, if scummy.

9/16

But no. Trump's TV lawyers denied that Trump knew anything AT ALL about the call Trump made to Tuberville. They seemed desperate to convince us Trump HAD NO IDEA PENCE HAD =EVER= BEEN IN DANGER.

Why?

Here's a theory.

10/16

Maybe Trump thought Pence was already dead, and was trying to give the MAGAts assaulting the Capitol additional encouragement to kill others.

Think about what Tuberville told Trump.

"Mr. President, they just took the vice president out, I’ve got to go."

11/16

Trump thinks like a mob boss.

What does it mean to a mobster to "take" someone "out"?

And who are "they" who "took" Pence "out"?

Maybe Trump thought the invading paramilitary mob he'd sent to the Capitol had assassinated Pence.

Tuberville said he himself had to go.

12/16

Tuberville was terrified and fleeing for his life. Trump knew that, too.

Trump's tweet takes on a darker meaning than merely sending his vicious mob after the Vice President.

Perhaps this is Trump EXCUSING the assassination and encouraging his militia to keep killing.

13/16

The logical tactic for Trump's TV lawyers to take would have been to argue that Sure, Trump knew Pence was in danger! But he thought the Secret Service had "taken him out" of danger, so it was safe to criticize Pence, because the mob couldn't get to him any more.

14/16

But Trump's TV lawyers didn't think of that, because they couldn't admit Trump knew Pence was in danger--because perhaps they know Trump thought Pence was already dead at that time.

What he did was worse than send the mob after Pence.

What Trump THOUGHT he was doing...

15/16

... was celebrating the Vice President's assassination, and encouraging the killers to continue their bloody rampage through the Capitol.

I could be wrong. This is mere speculation. But I can't otherwise imagine why Trump's TV lawyers didn't turn this to their advantage.

16/16