David Schoen

David Schoen is an American attorney specializing in federal criminal defense and civil rights law. He was one of the attorneys who represented former president Donald Trump during his second impeachment trial in the United States Senate.

David Schoen
Born
Washington, D.C., U.S.
EducationGeorge Washington University (BA)
Boston College (JD)
Columbia University (LLM)

Early years

Schoen was born in Washington, D.C. His father was an FBI agent who died when Schoen was four years old. His mother was a businesswoman who ran a Ford dealership.[1] He has received degrees from George Washington University (Bachelor of Arts, 1980), Boston College Law School (Juris Doctor, 1984), and Columbia University Law School (Master of Laws, 1992).[2]

Schoen's practice is based in Alabama. His earlier work includes civil rights cases challenging police and prison violence, matters involving ballot access, and a suit challenging abuses in the Alabama foster care system.[3] Schoen also represented Roger Stone during his trial related to charges made during the Mueller investigation and briefly Jeffrey Epstein before his suicide.[4][5]

Trump impeachment trial

Schoen was one of the lawyers representing Donald Trump during his second impeachment trial in the United States Senate. On the first day of the trial, Schoen presented a legal argument that the Senate lacked jurisdiction to try a former president.[6] He contended that the impeachment was fueled by "base hatred" and a "lust for impeachment". He also held up a copy of Quotations from Chairman Mao Tse-tung (commonly known as "Mao's Little Red Book") in comparing the impeachment to the actions of authoritarian regimes.[7]

Schoen closed his argument on day one with an emotional recital of a portion of the 1849 poem, "The Building of the Ship" by Henry Wadsworth Longfellow.[8][9] A CNN account described Schoen as "nearly weeping" and seeming to "choke back tears" as he read the poem.[10]

While the argument of co-counsel Bruce Castor was widely panned, The New York Times credited Schoen with offering "a more spirited performance" that "heartened" the former president.[11] Through the fourth day of Senate proceedings Schoen spoke a total of 43 minutes.[12]

Interviewed after the trial, Schoen said that the defense team was plagued by poor internal communication and coordination and other management issues.[13]

Steve Bannon defense

Schoen represented former Trump chief strategist Steve Bannon in 2022, after Bannon was indicted for criminal contempt of Congress for refusing to testify before the January 6 committee.[14] Days before Bannon's trial was to begin, Schoen made court motions in Bannon's defense to presiding judge Carl Nichols, which were rejected. Schoen asked the court, "what's the point of going to trial if there are no defenses?", to which Nichols replied, "agreed," hinting that Bannon should seek a plea deal.[15][16][17] Bannon went to trial after Judge Nichols dismissed Bannon's defense of executive privilege and other defenses and was found guilty on two counts. The Justice Department argued for a maximum penalty of six months in jail and a $200,000 fine but Nichols sentenced Bannon to four months incarceration and a $6,500 fine.[18][19] Bannon appealed his conviction and sentence, and remained free and un-fined pending his appeal. [20]

Personal life

Schoen is a practicing Orthodox Jew.[21] During his presentation on the first day of the Trump impeachment trial, Schoen drew attention for his practice of covering his head with his hand every time he took a sip of water. Fellow Jews speculated that Schoen was either reflexively reaching to keep a phantom yarmulke from falling off[22] or covering his head with his hand while saying a blessing over his water.[23] Schoen later explained that he "wasn’t sure if it was appropriate" to wear a yarmulke at the trial and "didn't want to offend anyone."[24] Schoen also noted that he was touched by moving emails from others who struggled with issues concerning the wearing of head covering: "It was never my intention to make any sort of statement, and I am not learned enough to inspire in any other way, but if this experience and the discussion that flowed from it had any positive impact in any way, then I am really honored to have been a part of that, even if unwittingly."[25]

References
  1. Marcia Caller Jaffe (April 18, 2018). "Pro-Civil-Rights, Pro-Israel Lawyer Defies Labels". Atlanta Jewish Times.
  2. "About". David Schoen Attorney at Law. Archived from the original on March 1, 2021. Retrieved February 9, 2021.
  3. Savage, Charles (February 8, 2021). "Who Are David Schoen and Bruce Castor, Trump's Impeachment Trial Lawyers?". The New York Times.
  4. Gerstein, Julie (January 31, 2021). "Trump's new legal team includes an attorney who declined to prosecute Bill Cosby and another who met with Jeffrey Epstein days before his death". Business Insider.
  5. Marcia Caller Jaffe (September 24, 2020). "Attorney on the Cutting Edge with Hot Topics". Atlanta Jewish Times.
  6. "David Schoen on why Trump should not be prosecuted after he has left office". PBS NewsHour. February 9, 2021.
  7. Knott, Matthew (February 9, 2021). "Senate votes to proceed with Donald Trump's impeachment trial". The Sydney Morning Herald. Retrieved March 15, 2021.
  8. "Trump lawyer Schoen closes opening arguments with Henry Wadsworth Longfellow poem". The Hill.com. February 9, 2021.
  9. Neumann, Sean (February 9, 2021). "Senate Approves Start of Trump's Impeachment Trial for Insurrection After Impassioned — and Tearful — Arguments". People.com.("Concluding his presentation, Schoen read from Henry Wadsworth Longfellow's poem 'The Building of the Ship,' after various choking up as though he were on the verge of tears.")
  10. Filipovic, Jill (February 9, 2021). "Two men cried in the Senate Tuesday. One of them made a devastating case against Trump". CNN.
  11. Haberman, Maggie (February 9, 2021). "Meandering Performance by Defense Lawyers Enrages Trump". The New York Times.
  12. Bart Jansen, Christal Hayes, Nicholas Wu, Savannah Behrmann, & Ledyard King. (February 12, 2021). "Trump impeachment live updates: Senate looks to final arguments in trial after Q&A session wraps". USA Today website Archived February 12, 2021, at the Wayback Machine Retrieved February 12, 2021.
  13. Marc Rod (February 16, 2021). "David Schoen describes dysfunction within Trump's impeachment team". Jewish Insider.
  14. Benner, Katie; Broadwater, Luke (November 12, 2021). "Bannon Indicted on Contempt Charges Over House's Capitol Riot Inquiry". The New York Times. Retrieved March 31, 2023.
  15. Devlin Barrett; Spencer S. Hsu (July 16, 2022). "Facing trial, Bannon vows to go 'medieval,' but judge says meh". The Washington Post.
  16. Hsu, Spencer S. (July 11, 2018). "Judge rejects Bannon's bid to delay trial, executive-privilege claim". The Washington Post.
  17. Alexander Mallin; Katherine Faulders (July 11, 2022). "Trump never invoked executive privilege over Bannon's Jan. 6 testimony, his attorney tells investigators". ABC News.
  18. Thrush, Glenn; Feuer, Alan (October 21, 2022). "Bannon Sentenced to 4 Months in Prison for Contempt of Congress". The New York Times. Retrieved March 30, 2023.
  19. "Stephen K. Bannon Sentenced to Four Months in Prison on Two Counts of Contempt of Congress". justice.gov. U.S. Attorney » District of Columbia. October 21, 2022. Retrieved March 31, 2023.
  20. Polantz, Katelyn (November 4, 2022). "Steve Bannon appeals contempt of Congress conviction". CNN. Retrieved March 30, 2023.
  21. "Trump's Orthodox impeachment lawyer wins pause if trial runs into Shabbat". The Times of Israel. February 7, 2021. Archived from the original on February 9, 2021. Retrieved February 9, 2021.
  22. Cohen, Benyamin (February 10, 2021). "Hats off to David Schoen who, like me, makes a statement with a yarmulke". Archived from the original on February 10, 2021. Retrieved February 12, 2021.
  23. Adkins, Laura E.; Kampeas, Ron (February 10, 2021). "Why did Trump's lawyer David Schoen keep putting his hand on his head?". The Jerusalem Post. Archived from the original on February 10, 2021. Retrieved February 10, 2021.
  24. Zaslav, Ali (February 9, 2021). "Trump's lawyer David Schoen, an Orthodox Jew, said he did not wear his yarmulke on the Senate floor during his arguments in the impeachment trial". Twitter. Retrieved February 12, 2021.
  25. Dave Schechter (February 18, 2021). "Schoen Reflects on His Trump Impeachment Role". Atlanta Jewish Times.
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