As lawyers for former President Donald Trump prepare their impeachment trial defense, a brief filed on Monday morning clearly demands that the U.S. Senate dismiss the trial straightaway, as they deemed it “unconstitutional” to try him as he’s no longer in office.
According to The Hill, his lawyers wrote in the brief that even if they don’t dismiss the case right off the bat, that there are still no grounds for impeachment as Trump’s rally prior to the Capitol riots — which Democrats say was the spark that “incited” the riots — is protected by the First Amendment.
David Schoen and Bruce Castor, the attorneys representing Trump in his upcoming trial, which is set to begin on February 9, filed the 78-page brief on Monday, which experts say was a detailed version of similar arguments they made last week.
“The Article of Impeachment presented by the House is unconstitutional for a variety of reasons, any of which alone would be grounds for immediate dismissal,” the lawyers wrote. “Taken together, they demonstrate conclusively that indulging House Democrats hunger for this political theater is a danger to our Republic democracy and the rights that we hold dear.”
On Monday, senators and those involved in the impeachment trial will lay out the rules of how Trump’s second impeachment trial will be conducted, including allotments of talking time for both sides, among other administrative details.
The sentiment that the Senate impeachment trial is unconstitutional was affirmed by a vast majority of Senators recently in an official vote, with only five Republican senators saying that the trial should proceed. The usual RINO suspects were involved in voting alongside Democrats, including Sen. Mitt Romney, Sen. Susan Collins and Sen. Lisa Murkowski.
Republican Sens. Pat Toomey and and Ben Sasse also voted in favor of proceeding with the impeachment trial.
That vote was an important one, as it was the first signal to gauge just how many Republican senators might be interested in voting to convict the former president. In order for Democrats to secure a conviction — which is something they’ve fantasized about for years now — it would require two-thirds of the Senate vote.
That means a staggering 17 Republicans — 12 if you assume the aforementioned RINOs vote to convict — would need to virtually destroy their political careers and vote to convict Mr. Trump. That outcome is less likely than winning the MegaMillions jackpot.
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Nevertheless, Democrats will tie up the next few weeks burning millions of taxpayer dollars and creating a spectacular show for the cameras, which is used to show off for their anti-Trump constituents, only to end up with Trump walking free, once again.
ARTICLE SOURCE: thefederalistpapers.org