Former President Donald Trump’s impeachment lawyers call impeachment trial unconstitutional

Lawyers for former President Donald Trump are rejecting the House managers’ case for convicting the former president, calling it an unconstitutional “political theater” and are urging the Senate to dismiss the case.

In a briefing filed Monday on the eve of Trump’s second impeachment trial, his attorneys had presented a detailed outline of their defense against the allegations that former President Donald Trump had incited the deadly insurrection at the United States Capitol on Jan. 6. The lawyers representing the former President, Bruce Castor Jr., David Schoen, and Michael van der Veen — all allege that the Democratic-led effort to impeach and convict the former president is all completely driven by what they call, “Trump Derangement Syndrome.”

“Through this latest Article of Impeachment now before the Senate, Democrat politicians seek to carve out a mechanism by which they can silence a political opponent and a minority party,” they write. “The Senate must summarily reject this brazen political act.” The United States Senate is currently split equally 50-50 which means that the House of Representatives managers would need to persuade 17 GOP senators to vote to convict Trump. That appears unlikely, given that 45 Republicans voted late last month that the trial would be unconstitutional since Trump is out of office.

Trump’s attorneys allege that the articles of impeachment passed by the House of Representatives last month are unconstitutional. They state that the United States Senate lacks the jurisdiction to convict former President Trump, as he is no longer the President, and the Senate lacks jurisdiction to convict a private citizen.

Trump’s lawyers strongly believe that former President Donald Trump did not incite the insurrection, as the Capitol was stormed before former President Trump even finished speaking, and stating that telling his supporters to “Peacefully and Patriotically” protest at the Capitol is not a call for violence and therefore meaning he did not incite the storm of the Capitol. As of February 9, 2021 the United States Senate has declared the trial to be constitutional with very little GOP support, and will move forward with the trial.




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