Donald Trump's attorneys argue that the impeachment charges are unconstitutional and are calling on the Senate to acquit the former president.
In their first formal response, Trump's attorneys "denied" the former president "ever breached his oath of office," and in contrast, "he did their best at all times to preserve, protect and protect. " defend the United States Constitution. "
They also claim that going through a process aimed at removing someone from office when they are no longer in office is a violation of the Constitution.
The letter calls for the rejection of the article that reads: "Inciting an insurrection against him as controversial and thus in violation of the constitution, because the Senate is not empowered to remove a man who does not hold office remove."
Answer from the 45th President … from Fox News
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House impeachment managers Say overwhelming evidence to convict Trump
The impeachment executives of the House of Representatives filed a trial report earlier this morning setting out their plan of attack in the upcoming trial against the Senate.
"In a grave betrayal of his oath of office, President Trump instigated a violent mob to attack the United States Capitol during the joint session, which impeded Congressional confirmation of Joseph R. Biden Jr. as the winner of the presidential election," they argue .
The filing claims that "the facts are compelling and the evidence is overwhelming."
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The impeachment managers also disagree with the argument that the process is unconstitutional.
"(D) The text and structure of the Constitution, as well as its original meaning and earlier interpretations by Congress, overwhelmingly indicate that a former civil servant continues to be tried and convicted of abuses committed in office," the letter said.
"Any other rule would make little sense."
“I think President Biden missed a great opportunity to become a statesman and asked that this thing be frankly canceled.
This is the political weapon of impeachment. "
Lawyer David Schoen, who has joined Trump's impeachment defense, has his first TV hit. pic.twitter.com/WfXmmg0irI
– Washington Examiner (@dcexaminer) February 2, 2021
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Democrats still have an uphill battle
An impeachment conviction requires a two-thirds vote, which in the Senate would require 17 Republicans joining all 50 Democrats to condemn Trump.
Senator Rand Paul already set the stage by forcing a vote on the constitutionality of the former president's impeachment.
Forty-five Republicans – including Senate minority leader Mitch McConnell – voted for impeachment to be unconstitutional.
"Forty-five senators agreed that this deception of a 'trial' was 'unconstitutional,' he tweeted. "That is more than necessary to acquit and finally end this party-political impeachment process."
"That 'trial' is dead on arrival in the Senate," he wrote.
The Senate has just voted on my constitutional rules of procedure.
45 The Senators agreed that this “trial” deception is unconstitutional.
That is more than necessary to acquit and finally end this party-political impeachment process.
This "trial" is dead upon arrival in the Senate.
– Senator Rand Paul (@RandPaul) January 26, 2021
"The Constitution says two things about impeachment – it is an instrument to remove the official and it must be directed by the Chief Justice of the Supreme Court," Paul wrote in a column.
Neither of these elements exist in this case, as President Trump is no longer in office and Chief Justice John Roberts has refused to lead the process.
Trump's attorneys and the House's impeachment managers will be filing another round of briefs next Monday. The trial is scheduled to begin on February 9th.