- THE EPOCH TIMES - Feb 8, 2021 -
Democrats respond, argue Trump impeachment is constitutional
Former President Donald Trump’s lawyers on Monday argued that the House impeachment managers’ article of impeachment against him for allegedly inciting the breach of the Capitol on Jan. 6 is constitutionally flawed, will not result in a conviction, and infringes on his First Amendment rights.
In a 78-page court filing, Trump attorneys David Schoen, Bruce Castor, and Michael T. van der Veen argued that the Senate cannot convict a former president, saying the House’s impeachment last month is problematic because it joined several alleged offenses into a single article of impeachment—rather than several articles.
“When the Senate undertakes an impeachment trial of a private citizen, it is acting as judge and jury rather than a legislative body,” his lawyers said in a filing on Monday.
Trump’s lawyers also dismissed claims that the former president did nothing as protestors breached the Capitol building during the Joint Session of Congress, saying there was a “flurry of activity” in the administration to get more security to the Capitol.
The impeachment “was only ever a selfish attempt by Democratic leadership in the House to prey upon the feelings of horror and confusion that fell upon all Americans across the entire political spectrum upon seeing the destruction at the Capitol on January 6 by a few hundred people,” Trump’s lawyers wrote. “Instead of acting to heal the nation, or at the very least focusing on prosecuting the lawbreakers who stormed the Capitol, the Speaker of the House and her allies have tried to callously harness the chaos of the moment for their own political gain.”
His lawyers, meanwhile, disputed the assertion that Trump’s “fight like hell” remarks during a rally to supporters incited violence.