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Key arguments by Trump’s lawyers ahead of impeachment trial
AP ^ | February 08, 2021 | ERIC TUCKER

Posted on 02/08/2021 5:10:27 PM PST by McGruff

Former President Donald Trump stands trial before the Senate this week on an impeachment charge that accuses him of inciting the deadly Jan. 6 riot at the U.S. Capitol.

His lawyers in a 78-page memorandum on Monday detailed a range of legal and factual arguments that they intend to make at trial.

Some of the highlights:

ARGUMENT: TRUMP DID NOT INCITE THE INSURRECTION

Defense lawyers are adamant that Trump did not incite the riot when he addressed a huge crowd of supporters at a rally that preceded it.

(Excerpt) Read more at apnews.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS:
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More at link.

ARGUMENT: HIS SPEECH IS PROTECTED

ARGUMENT: THE TRIAL ITSELF IS UNCONSTITUTIONAL

DEMOCRATS HAVE THEIR OWN STATEMENTS AND ACTIONS TO ANSWER FOR

DUE PROCESS

1 posted on 02/08/2021 5:10:27 PM PST by McGruff
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To: more

78-page memorandum link: https://beta.documentcloud.org/documents/20474874-trump-impeachment-trial-memo


2 posted on 02/08/2021 5:11:18 PM PST by McGruff
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To: All

1) there was no insurrection
2) if there was one Trump didn’t incite it (actually the opposite)
3) Congress deserved it anyway.


3 posted on 02/08/2021 5:15:18 PM PST by escapefromboston (Free Assange )
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To: McGruff

This whole “trial” is just another smoke screen.
The REAL INSURRECTION was at 0300 on November 4,2020.


4 posted on 02/08/2021 5:21:46 PM PST by doc maverick
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To: escapefromboston

I think the prosecutors at the DOJ need to figure it out and make a decision about Trump. An impeachment trial is the wrong avenue to deal with a person who is no longer president.

I read Trump’s speech. While I completely disagree with his fraud argument, he did clearly say to demonstrate in a peaceful way.

Now, after I read Rudy’s speech, that’s another story.


5 posted on 02/08/2021 5:23:59 PM PST by hawkaw
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To: McGruff

First things first.

Instead of bastardizing this formerly Constitutional Process as “Impeachment”, let’s call it for what it is. Third World Kangaroo Court on estrogen.

This horse crap needs to be put to an end.

I don’t care one whit about how that happens.

Enough of this nonsense!!


6 posted on 02/08/2021 5:26:23 PM PST by Howie66 (God Bless TEXAS! #Texit)
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To: McGruff

There was no insurrection.

There was no riot.

Minor disturbance, maybe.


7 posted on 02/08/2021 5:27:03 PM PST by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents)(Know Islam, No Peace - No Islam, Know Peace)
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To: doc maverick

Yes, November 4th. All on video tape.


8 posted on 02/08/2021 5:35:17 PM PST by packagingguy
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To: escapefromboston

1) there was no insurrection -- "Judge" Leahy and the rest of the US Senate know this but they do not care. The narrative has been set. "Judge" Leahy will not allow arguments denying an "insurrection" had taken place.

2) if there was one Trump didn’t incite it (actually the opposite) -- "Judge" Leahy will see to it that any evidence showing Trump is not guilty will be not allowed on some razor thin technicality, or simply dismissed out-of-hand.

3) Congress deserved it anyway. -- I can't argue with you on this one. In fact, seeing these "elites" cowering under their desks and reading about them scampering away down the tunnel kind of put a smile on my face. "Government in fear of the people", as they should be.

9 posted on 02/08/2021 5:37:41 PM PST by SkiKnee
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To: McGruff

The Inquisition.


10 posted on 02/08/2021 5:44:24 PM PST by KC_Conspirator
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To: McGruff

Bkmk


11 posted on 02/08/2021 5:45:01 PM PST by sauropod (#ImpeachMcConnell. #Resist. #NotMyPresident.)
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To: McGruff

Benn hoping and praying that thus gets brought up
REVIEW THOSE GEORGIA SENATE ELECTION RESULTS

There were a series of fraudulent voting charges here. Were they enforced and corrected before this election took place ? If they weren’t is not a review called for ?
If the Georgia Secretary of State is in charge of voting he has the responsibility of enforcing the state’s regulations as to who votes. And eliminate those from voter lists who don’t qualify.

Assign prosecutors to personally canvass and investigate. Check if military actually voted by asking them. Identify all voters by checking on legal age their residency and citizenship. If found they do not qualify charge Illegals including state visitors known as snowbirds also include any technical computer fraudulent Italian programming testimony when presenting to the court and get these election results tossed.

LINKED HERE ARE REASONS WHY THIS IS WHAT WE SHOULD BE DOING
http://www.freerepublic.com/focus/f-news/3927647/posts#28

http://www.freerepublic.com/focus/f-chat/3924076/posts#30
http://www.freerepublic.com/focus/f-news/3923435/posts#21
http://www.freerepublic.com/focus/f-news/3923157/posts#10
http://www.freerepublic.com/focus/f-news/3922715/posts#18
http://www.freerepublic.com/focus/f-chat/3923312/posts#11


12 posted on 02/08/2021 5:52:27 PM PST by mosesdapoet (mosesdapoet aka L.J.Keslin posting here for the record hoping somebody might read and pass around)
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To: hawkaw

“While I completely disagree with his fraud argument”

Do you really think Biden received
80,000,000 legal votes?


13 posted on 02/08/2021 5:57:11 PM PST by Lean-Right (Eat More Moose)
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To: SkiKnee

Re: “Judge” Leahy

Trump may take this process to SCOTUS where it will be overturned so fast these Demoncrats’ heads will spin. There is no legal means by which a Senator may act as judge in this proceeding, any more than a jury foreman may act as judge just because the judge rejected the case.

Kangaroo court. Trump may be withholding the challenge only because, having not actually occurred, the ‘trial’ is still speculative ergo no harm and standing yet.


14 posted on 02/08/2021 6:38:08 PM PST by ctdonath2 (Interesting how those so interested in workERS are so disinterested in workING.)
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To: McGruff

They won’t get to present an argument; the rats will interrupt continuously, and any actual evidence will be ruled inadmissible.


15 posted on 02/08/2021 7:03:22 PM PST by Jeff Chandler (Pathetic Pierre Delecto, the Pestiferous Potentate of Enchanted Chones.)
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To: ctdonath2
may be withholding the challenge only because, having not actually occurred, the ‘trial’ is still speculative ergo no harm and standing yet.

And once the trial begins the courts will rule he waited too long. You know, like the election.

16 posted on 02/08/2021 7:04:42 PM PST by Jeff Chandler (Pathetic Pierre Delecto, the Pestiferous Potentate of Enchanted Chones.)
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To: Howie66
...let’s call it for what it is. Third World Kangaroo Court on estrogen.

Bingo!

IMO, it is unwise as a matter of precedence to recognize and participate in a purported 'impeachment trial" when the USSC Chief Justice is absent. The CJ is specified for a reason, not some political hack. Under our Constitution there can be no presidential "impeachment trial" without the CJ.

It shouldn't matter that the outcome of this specific event is believed to be known, or that the political parties may have agreed the CJ is not essential; such failure, disregarding the plain language of the Constitution, is exactly how governments can be overtaken and nations are lost.

When whoever does wield the gavel asks for the first time how Trump responds, the response ought to be: "Where is the Chief Justice?"

17 posted on 02/08/2021 7:07:33 PM PST by frog in a pot (The voters do the heavy lifting...or not.)
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To: McGruff
The whole trial is preposterous since Trump is out of office (because of the stolen election). To get a conviction they will have to bribe 12 Republicans besides the 5 that already sided with the Democrats to reject Rand Paul's motion. If Trump is convicted we will see a lot of very wealthy former Republican senators, maybe with villas on Martha's Vineyard.

All they have is that Trump used the word "fight" in his speech--a speech which the people who invaded the Capitol did not hear. But they engineered the first impeachment out of two sentences in his conversation with the Ukrainian President so we can expect them to make a mountain out of a molehill again.

18 posted on 02/08/2021 7:24:25 PM PST by Verginius Rufus
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To: McGruff

This whole trial thing is a joke. Media knows it. Dems know it. And, perhaps even 50% of Republicans know it.

Actually, everyone but low info drones know it. THEY THINK IT’S VERY REAL. And, as long as the media can convince (doesn’t take much...see Travon Martin and “Hands Up Don’t Shoot” Big Mike) this class of person Trump is a criminal it’s a win, and thus reason enough to continue with the farce. Nothing else matters.

Nothing is going to happen to Trump, but as long as the media has their every 15 minute breathless on-air “News” announcement “TRUMP COMMITTED SUCH AND SUCH CRIME”, it will have served its purpose.

Every time you hear some fake news reporter using the convenient excuse he/she is coming to you on the radio or TV to inform the world about what Trump is being tried for, realize then and there this is exactly why the left is pulling this crap.

Pity the poor sap who comes up to you convinced that Trump did something bad.


19 posted on 02/08/2021 8:10:37 PM PST by Sir Bangaz Cracka (Slamming dat white cracka'a head into dat sidewalk causin he be scared)
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To: Lean-Right

Joseph Stolen did not win 80 million legal votes.

Joseph Stolen is an idiot.


20 posted on 02/08/2021 8:12:49 PM PST by Gene Eric (Don't be a statist!)
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