Former President Donald Trump’s legal team makes the case that the Democrat effort to impeach him is unconstitutional and violates his First Amendment right to free speech.
“The Senate should dismiss these charges and acquit the President because this is clearly not what the Framers wanted or what the Constitution allows,” the memo from Trump’s lawyers — Bruce L. Castor Jr., David Schoen, and Michael T. van der Veen — states.
The Trump legal team released a 78-page memo on Monday detailing their case against the push by Democrats to impeach the former president even after leaving office.
“Conviction at an impeachment trial requires the possibility of a removal from office,” the lawyers wrote. “Without that possibility, there cannot be a trial.”
Trump’s lawyers argued that the Senate did not have the authority to hold a trial of a private citizen, citing Article 1 Section 9 of the Constitution prohibiting Congress from determining the guilt or punishment of a private citizen, or bill of attainder, a process reserved for the independent judicial branch.
“The Constitution only gives the Senate jurisdiction over the President, not the former President, of the United States,” the memo reads. – READ MORE
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