Posted on 02/02/2021 12:25:54 PM PST by McGruff
President Trump’s legal team has called on the Senate for an acquittal, while arguing the impeachment trial is unconstitutional.
In a brief filed with the House Tuesday, defense attorneys noted Trump cannot be tried for impeachment because he is no longer the sitting president. They also argued his January 6 speech was protected by the First Amendment and he did not engage in insurrection or rebellion.
Trump’s legal team said the Senate has no jurisdiction over whether he can hold office again and the House Articles of Impeachment were improperly drafted.
The response came after the House Democrats filed their brief early Tuesday. The trial is set to start next Tuesday.
(Excerpt) Read more at oann.com ...
Dismissal would be appropriate.
Dismissal, yes. Acquittal, no.
If Trump is smart, he’ll refuse and take it to trial.
The lawyers are correct but are tilting at windmills. The Democrats in the House don’t care about any of that.
If the Senate actually holds a trial, with witnesses, they should be lambasted for this distraction. There are major issues that need to be dealt with by Congress and trying to remove a person from an office he does not hold is the height of absurdity.
The other argument for this impeachment being unconstitutional is that the Chief Justice of the Supreme Court has refused to preside over the senate trial.
Still drawing a blank re how they can “try” someone who allegedly is no longer in office.
Unless, of course, there really is something to the scuttlebutt we’re seeing on various sites.
If true I’m glad. Let’s let Trump keep his eligibility for future presidency and there’s plenty of time and opportunity to wage the good war.
Actually, preventing the Democrat House and Senate from “working,” is a very good thing.
Dismissal.
That’s what I’ve heard too. The fact that John Roberts isn’t there means it is not an impeachment trial. It’s a Senate hearing, a Senate session, it’s a Senate proceeding, but it’s not an impeachment trial of the president.
The constitution says that in a presidential impeachment, that the Chief Justice shall preside. It’s not optional; the Chief Justice must be there for this to be an actual official legally binding impeachment trial of a president.
Fair point. LOL.
But these days it’s all about optics, image, etc. If the Senate Dems take this seriously they should be attacked for wasting the country’s time. You cannot remove someone from an office they do not hold! It’s stupid. In reality if the House delivers the articles the Senate should either refuse them, or put them on the shelf and ignore it. If not that, then just hold a vote and be done with it. It will fail. The Dems made their point and threw a bone to their far left and TDS constituents. That’s enough.
“If Trump is smart, he’ll refuse and take it to trial.:
With Leahy (sp?) presiding?
No, he called for dismissal first and aquital as a remedy.
I thought about posting an oops, but there was always the hope that the trial would be so public, Leahy couldn't get away with quashing evidence etc.
Trump’s team needs to take a different tack. The Democrats don’t care if they have the votes or not or if its constitutional or not. They are going to beat him over the head with videos and a narrative to destroy him and his reputation in the public’s eyes.
That is their goal.
His legal team needs to get on the ball and attack that angle instead of arguing technicalities. This is a straight up political attack.
Right. An acquittal request is legitimate only if the trial itself were legitimate, which this stunt by the Democrats is not.
They will hold a trial and any witnesses for Trump will be prevented from revealing evidence. This trial will be tightly controlled.
The only question is, how many Republicans will vote to convict?
But id it smart to given it an air of legitmancy by participating?
They would have to be complete idiots to vote against the man who got more GOP votes than anyone in history. So the answer to your question is 1. Mitt Romney.
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