Trump's Impeachment Defense Lawyers Expected to Argue Trial Is Unconstitutional

The office of former President Donald Trump on Sunday named two attorneys to lead his impeachment defense. Pool

In a vote last week, 45 Senate Republicans voted that impeaching a former president is unconstitutional - a line of defense that Trump's legal team is expected to employ during the trial. His campaign and Republican officials across the country filed dozens of lawsuits after the election seeking to overturn the results in battleground states he lost.

Psaki reinforced that message from the White House podium on Tuesday, saying it "remains a risky trip" and, "This is not the time to come to the United States".

President Biden signed three executive orders on Tuesday that aim to roll back the "stain" of Trump administration's hardline stance on immigration, including steps to begin the reunification process of children who were separated from their parents at the Mexican border under the previous administration's widely condemned family separation policy.

"Given all that, the crowd which assembled on January 6 unsurprisingly included many who were armed, angry, and dangerous-and poised on a hair trigger for President Trump to confirm that they indeed had to "fight" to save America from an imagined conspiracy", the Democrats wrote. Lindsey Graham, R-SC, the outgoing chairman of the Senate Judiciary Committee, cautioned Democrats against calling witnesses to the stand in Donald Trump's upcoming impeachment trial, warning that the GOP will retaliate by calling in the Federal Bureau of Investigation for further testimony. Trump then became "fixated" on January 6, the managers wrote.

David Schoen, one of Trump's impeachment attorneys, told Fox News that footage of the Capitol riots had "nothing to do" with his client, who had "condemned violence" at all times.

When those efforts failed, the Democrats wrote, Trump "summoned a mob to Washington, exhorted them into a frenzy, and aimed them like a loaded cannon down Pennsylvania Avenue".

Meanwhile, Mr Trump is still struggling to assemble a legal defence, with Wednesday being his deadline to respond to the article of impeachment.

Capitol, telling them to "stop the steal", "show strength" and "fight like hell". "Since the 45 president is no longer 'president, ' the clause 'shall be removed from office on impeachment for.' is impossible for the Senate to accomplish, and thus the current proceeding before the Senate is void ab initio".

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Trump's lawyers, however, claimed that whatever statements he made to his supporters were protected by the First Amendment.

Roger Stone leaves Federal Court after a sentencing hearing February 20, 2020, in Washington.

"This trial arises from President Donald J. Trump's incitement of insurrection against the Republic he swore to protect", the House managers write. In that trial, which took place before a Republican-majority Senate, Trump was accused of abuse of power and obstructing Congress in connection with the interruption of military aid to Ukraine in an attempt to pressure Kiev into investigating Biden and his son, Hunter, for business dealings in the country some years earlier.

"The constitutional provision requires that a person actually hold off to be impeached", the filing argues.

The trial will be presented before the United States Senate, with the 100 senators acting as the jury. Setting that precedent now would "horrify the Framers", the brief said.

If convicted, Trump could be barred from political office, but it seems unlikely Democrats will find the 17 Republican votes they need.

Pro-immigration groups generally applauded Biden's latest moves, though they were more muted than the almost-giddy reception to the president's first-day actions.

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