Trump's defense attorneys argued that holding an impeachment trial for a former president who has already left office is unconstitutional and that his comments on the morning of January 6 were protected speech under the First Amendment and did not constitute incitement.
"We would propose that you provide your testimony as early as Monday, February 8, 2021, and not later than Thursday, February 11, 2021. We would be pleased to arrange such testimony at a mutually convenient time and place," Raskin wrote, asking for a response from the Trump team by 5 p.m. on Friday, February 5.
Raskin said that if Trump declines to testify,"we reserve any and all rights, including the right to establish at trial that your refusal to testify supports a strong adverse inference regarding your actions on January 6, 2021.", House impeachment managers argued that the insurrection would not have happened without Trump's comments at the rally that morning and refuted the defense's claim that a trial of a former official is unconstitutional.
"There is no 'January Exception' to impeachment or any other provision of the Constitution," the impeachment managers' brief said."A president must answer comprehensively for his conduct in office from his first day in office through his last,"Start your mornings with 10 Things in Politics You Need to Know Today. Sign up here.
It’s a hoax impeachment trial with no legal right, except in the tiny minds of Democrats 👎
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