The former president of the United States, Donald Trump, rejected this Tuesday for “unconstitutional“the political trial to which he will be subjected in the Senate accused of committing a “betrayal of historic proportions”, arguing that is already out of office.
In his formal response to impeachment article presented by the House of Representatives, Trump also denied through his lawyers that he was “in a mistake of fact” when on January 6 he assured the followers who later stormed the Capitol that he had won the election by a landslide victory.
Shortly before, the Democrats presented their case to the Senate in a brief to convict former President Trump of inciting his followers to carry out the riot in the Capitol, which left five dead, including a policeman.
In their brief, the nine Democratic impeachment prosecutors accuse Trump of endanger the foundations of democracy U.S driving his supporters into a “frenzy” “with the sole purpose of maintaining his position in the Presidency” despite his electoral defeat.
They add that Trump was “singularly responsible” for the chaos generated, so They accuse him of serious crimes committed using the powers of his office, for their own political benefit and at the expense of those of the nation, something that, according to them, constitutionally justifies their condemnation.
“Those who wrote the Constitution feared a president who would corrupt his position and spare no ‘effort or means to be reelected” and they wrote it to avoid having’ opportunists’ threatening to a “civil disorder and the prompt seizure of power by a dictator”, says the writing.
“And provoke an insurrection against a joint session of Congress after losing an election it is not an imputable crime, it is difficult to imagine what it would be, “adds the letter.
For their part, the former president’s lawyers deny in their response that he has participated in “an insurrection or rebellion” against the country and defend that the Constitution “requires that a person really be in office to be charged”, and Donald Trump ” He is no longer ‘president’.
“It is impossible for the Senate to comply with the clause of ‘he will be removed from office in case of indictment for …’, so the current procedure before the Senate is void ab initio,” they allege.
And with regard to the sanction of “disqualification to hold and enjoy a position”, they indicate that to achieve this, the Senate must first decide the dismissal.
Trump denies attempt to subvert elections
It also denies that Trump had “ever committed a violation of his oath of office”, as the prosecution argues, it defends that in his harangue to his followers only “he expressed his opinion that the election results were suspicious”.
Since a month before the session of Congress interrupted by Trump supporters, the lawyers recalled, the former president reiterated “that the results of the presidential elections were the product of widespread fraud“, and the Constitution protects their right to express that opinion.
“There is insufficient evidence for a reasonable jurist to conclude” that the former president’s statements “were accurate or not, so (Trump) denies that they are false,” add the lawyers, insisting on the unfounded accusations that there were an electoral fraud against the ex-president.
Trump also denies that his intention was to interfere with the counting of electoral votes that they would confirm in Congress. the victory of his rival, Joe Biden, or having endangered the security of the United States and its institutions of government.
“The Senate lacks the power to remove from office a man who does not hold office“concludes Trump’s defense brief, in which the former president asks the Senate to” absolve “him of the accusations raised against him.
Impeachment Against Trump Should Begin Next Week In Senate and for a conviction, which would mean his disqualification, a minimum of 67 votes (two thirds of the chamber) is required, a number that seems unlikely given that Democrats and Republicans share 50 seats.
Trump is the first president in US history to be subjected to two political trials during his term, one of which was acquitted.
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Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.