Talk about having a tough case to make. The defense lawyer for the so-called subway pusher says his client may have been justified in his actions because the man he allegedly shoved was drunk and harassing him. The suspect, Naeem Davis, appeared in court Tuesday, but did not speak. Davis’s lawyer, Stephen Pokart, argued that multiple witnesses say the victim, Ki-Suck Han, smelled of alcohol and was staggering and following Davis. Han’s wife had also reported that the couple had been in a fight earlier that day. “If he pushed to get him away from him, it may have been justified,” Mr. Pokart said. “Unfortunately, it appears that the push was too hard and he fell off the platform.” The case will be put before a grand jury by next Tuesday.