Trump lawyers challenge legitimacy of post-presidency impeachment trial

Impeachment managers: Trump aimed 'loaded cannon' at Capitol

Lindsey Graham threatens Democrats: If you call even one witness for impeachment trial, we’ll open up 'Pandora's box'

Bennie Garza | 03 February, 2021, 13:10

If anything, Trump would be granted those rights during the Senate trial phase, experts told PolitiFact ahead of Trump's first impeachment trial.

Trump is just the third president to have been impeached, the first to be impeached twice and the first to face trial after leaving office.

In their brief, House Democrats cite video footage of the mob storming the Capitol and rioters' statements that they had done so on Mr. Trump's behalf.

"His conduct endangered the life of every single member of Congress, jeopardized the peaceful transition of power and line of succession, and compromised our national security", the Democratic managers of the impeachment case wrote.

Democrats made their most detailed case yet for why the former president should be convicted and permanently barred from office.

Much of the Democratic case centers on an appearance by Mr. Trump on the Ellipse near the White House on January 6, when Mr. Trump said that "you don't concede when there's theft" and that his followers had to "fight like hell".

The Constitution specifies that disqualification from office can be a punishment for an impeachment conviction.

Trump's lawyers said: "It is denied that President Trump incited the crowd to engage in destructive behaviour".

They also lay out a case where they say there is precedent for impeaching a former officer.

"He summoned a mob to Washington, exhorted them into a frenzy, and aimed them like a loaded cannon down Pennsylvania Avenue". Among other things, his attorneys will argue that Trump can't be impeached because he's out of office.

The impeachment case is a legal "nullity" since "the 45th president can not be removed from an office he no longer occupies", the lawyers wrote.

"It is the electoral process itself that President Trump attacked and that must be protected from him and anyone else who would seek to mimic his behavior", the brief says.

The Senate already has conducted trials of individuals who no longer held federal office, most significantly that of a resigned cabinet secretary in 1876, Mr. Greenfield noted.

House Democrats said the framers did not intend to leave Congress "virtually defenseless against a president's treachery in his final days ... simply because he is a lame duck".

Under the rough rules sketched out for the trial, both parties were charged with answering two main questions: whether Mr. Trump can be tried in the Senate for acts committed when he was president, and how they respond to the charge of "incitement of insurrection".

The three dozen former officials signing the letter included former Governors Christine Todd Whitman of New Jersey and William Weld of MA and Carter Phillips, a veteran Washington litigator and assistant solicitor general under former president Ronald Reagan. "Since the 45th president is no longer president, the clause "shall be removed from office on impeachment for" ... is impossible for the Senate to accomplish". "The case for trying him after he has left office is stronger than any of the precedents".

The brief also traced Trump's efforts to subvert democracy back to the summer of 2020, when he first declined to say he would accept the election results, through the election and his many failed attempts to challenge the results in court.

"It would be perverse to suggest that our shared commitment to free speech requires the Senate to ignore the obvious: that President Mr Trump is singularly responsible for the violence and destruction that unfolded in our seat of government on 6 January", the Democrats wrote. It cites a January 2 call in which Mr. Trump urged Georgia Secretary of State Brad Raffensperger to "find" him thousands of votes to overturn the state's results.

In this January 6, 2021, file photo, Trump supporters, including Doug Jensen, center, confront US Capitol Police in the hallway outside of the Senate chamber at the Capitol in Washington.

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Trump lawyers challenge legitimacy of post-presidency impeachment trial

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