Former President Donald Trump’s legal team has argued that the Democratic Party’s attempt to impeach him was unconstitutional and violated the right of free speech in the First Amendment.
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“The Senate should dismiss these allegations and pardon the President because this is clearly not what the Founders wanted or what the Constitution allowed,” Memorandum from Mr. Trump’s lawyers, including Bruce L. Castor Jr., David Schoen and Michael T. van der Veen, claims.
Trump’s legal team released a 78-page memo on Monday, detailing the impeachment arguments against the Democrats’ conspiracy to impeach. former President even though he has left office.
“Being convicted in an impeachment trial requires the possibility of being dismissed,” the lawyers wrote. “Without that possibility, the trial cannot take place.”
Trump’s lawyers argued that the Senate had no authority to hold a trial for a private citizen. They cite Article 1, Section 9 of the Constitution – which prohibits Congress from identifying the crime or punishment of a private citizen, or an order for deprivation of citizenship and bill of attainder, a process reserved for the independent judiciary branch.
The memorandum reads: “The Constitution only gives the Senate jurisdiction over the President, not the former President of the United States.
The former President’s lawyers also argued that Trump’s Jan. 6 speech was protected by the First Amendment under the Constitution.
“President Trump’s speech at the January 6, 2021 event falls within the standards of a political speech defended by the First Amendment and accusing him of it would cause destruction. serious damage to freedom of expression in this country, ” written memo.
The legal team argued that the Democrats’ impeachment report was based on false analysis of his Jan. 6 speech.
They said Mr. Trump was only calling on supporters “Use their voices peacefully and patriotically” to protest the election.
The Memorandum also notes that Capitol Power law enforcement has previously reported a potential attack on the Capitol and is therefore not relevant to the President’s speech.
“The truth is that the people who illegally infiltrated the Capitol did so on their own terms and for their own reasons, and they are under criminal prosecution, “ written memo.
The memo also argues that Mr. Trump’s Jan. 6 speech did not inspire the riot because the riots had begun before he finished.
The memo notes that protesters and rioters infiltrated the Capitol – which is 1.6 km from where Mr. Trump spoke – 19 minutes before he finished his speech.
Xuan Lan (according to Breitbart)