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New Legal Team Says Senate Must Acquit Trump



Impeachment trial and impeaching the american president as congress and law in the United States-Senate Must Acquit-ss-featured

Donald Trump’s new legal team filed its response to the House article of impeachment, saying that the Senate must acquit the former president. The team denies any wrongdoing on his part. Trump did not violate his oath of office. In addition, his statements remain protected by the First Amendment.

RELATED: Trump Impeachment Trial: Bill Cassidy Won’t Prejudge

Impeachment is Unconstitutional

“It is denied that the 45th President of the United States ever engaged in a violation of his oath of office. On the contrary, at all times, Donald J. Trump fully and faithfully executed his duties as President of the United States, and at all times acted to the best of his ability to preserve, protect and defend the Constitution of the United States, while never engaging in any high Crimes or Misdemeanors,” the legal brief wrote.

Trump’s legal team also argues that the impeachment trial is unconstitutional. “Donald John Trump, 45th President of the United States, respectfully requests the Honorable Members of the Senate of the United States dismiss Article I: Incitement of Insurrection against him as moot, and thus in violation of the Constitution because the Senate lacks jurisdiction to remove from office a man who does not hold office,” the brief continued.

Support from Senate Republicans

The new Trump legal tandem of David Schoen and Bruce Castor Jr were the only ones who signed the document submitted to the Senate on Tuesday. They argued that the vast majority of Senate Republicans shared their view that the impeachment is unconstitutional. Therefore, the Senate must acquit Trump, Senator Rand Paul (KY) raised a point of order last week. He asked for a vote on determining if it was constitutional to impeach a president who already departed his office. 

The point of order lost the vote 55-45, with 5 GOP members joining the majority Democrats. While it lost, the outcome showed the possible manner in which the Senate impeachment vote will end up.  In order to convict Trump, at least 17 Republicans need to vote Yes on the conviction.

Election Issues

Surprisingly, the legal team’s statement also denied the false claims made about Trump. “To the extent, Averment 5 alleges his opinion is factually in error, the 45th President denies this allegation,” the brief stated. It denied the allegations by the House that Trump “reiterated false claims that ‘we won this election, and we won it by a landslide'” during the January 6 rally. 

“Insufficient evidence exists upon which a reasonable jurist could conclude that the 45th President’s statements were accurate or not, and he, therefore, denies they were false,” the brief emphasized. Therefore, the Senate must acquit Trump and junk the impeachment case.

Democrats’ Pre-trial Brief

On Tuesday, House Democrat impeachment managers filed their pre-trial brief. This is likely the preview of their argument for impeaching Trump for next Tuesday’s trial. “In a grievous betrayal of his Oath of Office, President Trump incited a violent mob to attack the United States Capitol during the Joint Session, thus impeding Congress’s confirmation of Joseph R. Biden Jr. as the winner of the presidential election,” the impeachment managers, led by Representative Jamie Raskin(MD) wrote. Also, Raskin wrote that the mob yelled “President Trump Sent Us,’ ‘Hang Mike Pence,’ and ‘Traitor Traitor Traitor,’” as they approached the Capitol. The brief concluded by saying that Trump attacked the electoral process. An impeachment shields the process from future abuse.

Watch the CBS News video reporting that Trump’s new legal team faces a deadline to outline its argument against impeachment:

Why should the Senate vote to junk the impeachment case against former President Trump?

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Do you agree with the argument that the impeachment trial is unconstitutional? Why do you think the Senate should junk the impeachment case? Let us know what you think. Leave your thoughts and comments below.

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  • Frances Devincent says:

    Yes I think it is unconstitutional as well as the only purpise for trying this tactic isbthe Democrats
    are afraid he will run in 2024 and win. Now they want to keepvthe power. The first try at impeachment didn’t work. It’s pure vindictiveness.

  • Donna says:

    The Senate has gotten drunk with power. They are filled with evil and thinking only about themselves not our country or the people in this country. I do believe strongly they want to destroy us. They have became modern day Judas. Time to put in term limits. So ashamed of them. President Trump did nothing wrong. It was a set up and I am disgusted with everyone calling it a deadly riot. Yet not calling the BLM and Atifa deadly and violent. Why haven’t the FBI arrested them? Why can’t they stop them from destroying the cities? Double standards. The liberals have insulted, attacked verbally and physically for the last 12 years now we have again been threatened by this new administration that calls for unity?Also about the covid we have been played by the government. Funny it has started going down in new cases after 1-20-21. NYC opening up restaurants on 2-14-21.Conservatives are not stupid only the liberals.

  • Anonymous says:

    For all the Republicans everything is unconstitutional when they want to cover up or hindering any wrong doing from their own corrupt party

  • Anita games says:

    Our President has done nothing wrong, other than better Americans! They are afraid of a leader and a good one, that works without being pad. Let me see others sign up to work free from getting pad? You all should be court martialed for “stupidity”!!! You should concentrate on the people you are suppose to be representing! Quick wasting money on trails and concentrate on helping the people and open up America!!! But not to Muslims, they hate Americans! I’m not a President but I know I would not open the doors to any country that hate Americans!

  • lk says:

    YES it is unconstitutional… and a BIG WASTE OF TAX PAYERS MONEY… what I love is can someone–anyone tell me what he did to PROVOKE THE RIOTS….not a DAMN THING…. they were PAID TO ATTACK..Lets see the PROOF….

  • Dan Curtis says:

    It is unconstitutional to impeach a president already out of the office. Trump is innocent of the charges of incitement. Nobody will gain anything from this trial, except further dividing this nation than it already is!

  • Ryan Gonzalez says:

    What a joke the left is. It is unconstitutional to try and impeach a former president and for what, because he said “peacefully and patriotically “. Yes the left is scared that the greatest president ever will run again in 2024 and that is the only reason they are wasting our tax dollars on a last ditch hopeless effort to try and stop him. What they don’t understand is he could still run in 2024. Biden won’t win a 2nd term, that’s why he signing so many orders. Hell he probably won’t finish this term before he’s impeached and his son gets thrown in jail. Democrats actually think Biden got 80 million votes- “ come on man give me break” LMFAO. The election was stolen through voter fraud and fake ballots and dead people voting and rigged machines. I’m done. I could go on and on about this current administration and how it will go down as the worst in history but I have better things to do. Pray for this country that we can survive these next 4 years.

  • CT says:

    Watching is very depressing to know senators have no respect for the law or evidence. I will say again the senators are much responsible for the riot at the capitol as Trump and his boys. They are telling Trump’s gangs they agree the election was stolen . The impeachment is a joke which is not nothing to laugh at. Take a person killing five people with ten witnesses testifying for the state. The defendant goes home not guilty. His jury was made up with family members having no concern for the evidence such as the Republicans in office. They will again find Trump not guilty. If the senators had done their duty to protect the constitution in the last impeachment five people would not have been harmed and killed during the Capitol’s mob. It would be interesting now to know how many senators would have been harmed. Without the protection they received you can be sure the UN-Educated follows had no ideal which senators were Republicans or Democrats. It is sick to say let Trump alone. He is their God and do not want him nailed to the cross.

  • annette Jenkins says:

    Amen u are so right ,the demonrats are so corrupt and if we dont stand up they are trying to take over and that cant happen, there making sure conservatives are losing there jobs , they threaten and harass people it’s not right, nothing they do is right…When the government sends millions or Billions over seas for the most stupid reasons like counting fish omg how corrupt is that , when they cant even send we the people 600.00 to survive, that is so wrong this election was soooo wrong,.. Biden is destroying America already, that was the plan and has been all along…There making China stronger and America weaker and it has to stop now…Its unbelievable what they are getting by with, they tell lie after lie about President Trump, yes he is still the president to me and I dont care 2 cents what anybody thinks about it either lol..Anyone who cant see that the demonrats are liers and evil then they need to do some heavy research🙂🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸

  • annette says:

    Omg lady , Trump is innocent, I’ve been video after video of the riot being set up , are you people that stupid or are u in on the corruption,…Its ok for BLM and Antifa to destroy city after city and the damn Democrats let them do it , but god forbid President Trump tells his supporters to march peacefully to the capital so there voices can be heard and he gets falsely accused of starting a damn riot…I’m so sick and tired of dum stupid blind ass people pretending they dont know it’s not true about Trump….Trump is not that kind of person, just because he doesnt take the Demonrats crap and kiss there tail they want to lie on him and try to do anything they can to get rid of him because they know Trump is very smart and hes got there number down pat, he knows how corrupt and evil they are and it scares the hell out of them, but the truth will come out and they will be exposed soon I hope…God will make sure they are exposed for every sick thing they have done, including stealing the election…That’s why we love our President Trump because hes a fighter and he wont quit or give up till the truth is out there for everyone to see, and I cant wait…

  • Anonymous says:

    Recall all of the DEVILCRATS for crimes against US citizens!

  • Anonymous says:

    many proofs have come out that it was pre-planned not incited by the president

  • Anonymous says:

    He did nothing that deserves impeachment.

  • Bc says:


  • martha dease says:

    How can they impeach a privte citizen?

  • Anonymous says:

    So what is going to happen when Congress sets the precedent for impeaching former presidents? Will Obama be the next former president to be impeached if republicans regain control of all three branches of the government? There is another election for almost half of congress in 2 years. I say we all vote republican and see what the democrats think of the new precedent they want so badly. Can they handle the heat of their actions? There are 2 basic ways to effect change, your vote and your wallet. Stop supporting people and policies that are anti-American. There is no way out around that either you are for America or you’re not!

  • Zane Everett says:

    Well here’s another interesting thought if you’re going to impeach Donald Trump how about we also go after Clinton, Obama for everything they did. And that i believe is documented, you know what they say tit for tat. But DUMBACRATS won’t go after they’re own crooked SWAMP CREATURES.

  • Taylor says:

    The swamp critters are running the nation now. They have seized control via a fraudulent election using voting machines designed to cheat. How stupid would we have to be to not know that? Unfortunately, there are a lot of really stupid people in America that have no clue what has happened and is happening. It’s a (so far) soft coup by the radical leftists (communists), and we will now be dancing to the tune of the Chinese communists and other enemies of America. Sad that it has all come down to this. All those lives lost over the decades to preserve our freedoms, only to have it willingly tossed due to the treasonous, seditious Democrats… who are, as we speak, trampling on our 1st Amendment rights. Guess which Amendment’s rights will be next for them to eliminate. History repeats itself.

  • Rocky Haines says:

    We all know that both political parties are corrupt, each attacking each other instead of working together to help the people
    of this country. United We Stand/ Divided We Fall ! All this bickering back and forth is getting this country nowhere. Both parties should be held accountable for their actions. I can only say that I do not want this country of the United States of America to be ruled under one man / woman. The people who want that kind of rule should go live where there is.
    God Bless this land of the free !! Amen !!

  • Tigga says:

    Who dares use my name to post replies ? Please STOP

  • Chas says:

    My prediction is, this will back 🔥 in such a huge way on the democrats! The cansel dems think they can justify there actions by trying to distroy the last 4 years like it has never happened! Go ahead, let these ❄️ try and lie, cheat, they way to power. It will come crashing down ⬇️ upon themselves. … 😂…!

  • Ben C. says:

    1) Unconstitutional. The constitution specifically applied only to a “sitting president”
    2) Senate has no jurisdiction over a former president/civilian
    3) No evidence of incitement in President Trumps “Peaceful Protest” speech, this according to liberal Harvard law professor.
    4) No evidence of inciting a riot on Jan 6th. Of 200,000 protestors, 98% were peaceful.
    5) Clear evidence that the riot was planned prior to President Trump’s speech by right wing radicals, BLM and Antifa, according to the FBI.
    6) Capital police (who report directly to Pelosi) had instructions to allow protesters to enter the building. They were also provided with maps of the building.
    7) The Left incited riots all last summer, burning down entire cities and murdering dozens of police and civilian. Biden’s inauguration speech on Jan 20th incited riots in Seattle and Portland. Riots intensified the week of Jan 25th. Should Biden be impeached?
    8) There are many dozens of video clips of Democratic politicians spewing hate speech towards President Trump and Republicans. biden threatened to personally “beat Trump up behind the gym”.
    9) Pelosi was shown with a model of a decapitated head resembling President Trump’s. Madonna and others have also threatened to kill President Trump. Those are serious offenses tat were never addressed.
    10) Do we have double standards? Democrats seem to think they can just ignore the laws and Constitution, and make up their own.

  • Noeli Anderson says:

    1. It’s UNCONSTITUTIONAL, 2. He did not incite violence, 3. Some horrible people planned it a month before the event, 4.It’s a waste of tax payer’s money, 5. The Democrats failed to prove anything against Trump on the first Impeachment trial and are trying a bogus trial again. The Democrats are blind by the fact that Trump won the election in 2016 and want to destroy him, even if going against the constitution.

  • No name says:

    Court after court; up to the Supreme Court, declared the November 3rd election “not rigged “ and still Trump and Senate said “rigged”. The stage was set for the riot at the Capital. There has to be a precedence set to put on notice that future people in power do NOT have ALL CONSUMING POWER.

  • Anonymous says:

    Court after court; up to the Supreme Court, declared the November 3rd election “not rigged “ and still Trump and Senate said “rigged”. The stage was set for the riot at the Capital. There has to be a precedence set to put on notice that future people in power do NOT have ALL CONSUMING POWER.

  • Fred Brown says:

    The Democrats are ticked off over Trump winning in ’16 busting the fix that had Hillary winning! That’s why Trump had four years of sniping by the Left to deal with. This time, the Left brought out the big guns and fixed the election so tight there was no chance Trump would win. and, they’ll do it again the next election, if there is one!

  • Washington State says:

    I feel it’s unconstitutional, he did not incite a riot, it was planned by BLM and Antifa. It clearly is just spending The People’s hard earned money for a Vendetta, they have been going after President Trump his whole term. So in just my opinion if this goes through and he gets railroaded, there better be at least 6+ Democrats that should loose their job as well immediately for actually inciting and supporting the Riots, Destruction, and Terrorism that We the People have had to deal with for the past Year!

  • Anonymous says:

    It appears to me that the Democrats are afraid of Trump. Afraid he will run again in 2024. I wonder about the voting fraud as it appeared Trump had so much support from the people. Trump was not a politician and didn’t play their game. He didn’t “kiss up” to anyone and he was rough around the edges, too. But he was, and is, an American patriot. He believes in America and in preserving the constitutional rights our forefathers fought so hard for. He may need a few lessons in diplomacy in dealing with our allies, but he also let it be known that America comes first! Our unemployment rate became the lowest it ever has under Trump’s office. Our economy improved, our trades with other countries became more favorable to America, our military received more support. I could go on about his accomplishments. And during all this, he fought to stay in office and continue to work under Democrat attacks against him personally. He did not receive the respect he should have been entitled to. He was our president. Now Biden and the Democrats want to see him impeached. Don’t they realize it is wrong and that it will only further split our country? They say they want “unity”. Easy to say. Then they proceed to destroy any chance of unity. It is way past time for term limits. Our Congressional politicians have too much power. They no longer serve the people. Time to clean house!

  • Anonymous says:

    President Trump is inocent of any wrong doing, He was telling the people to be calm and safe, the rest is all a lie. I pray that the Lords protection stay on Him and a calm and peaceful spirit surround Him. He is Gods man and he will do Gods will. I thank him for what he has done and what he will do. He wants to save this country . We are founded on freedom of worshiping the Lord and being Gods hands and feet. Thank you for being like king David. Hold firm and the Lord God Almighty will give you what you need.

  • john h skeens says:

    Lets stop and think of what this JERK has done since he has been in office.How many jobsdid he take away out west in the oil fields,not to mention the wall.How many illegal alians is he letting stay in our country so we can support them.Here is another little tidbit,has anyone checked our gas prices lately,on the rise because he wants the U>S to buy foriegn oil instead of useing our own like PRESIDENT TRUMP DID.
    THESE JERKWATER DEMOCRATS TRIED TO IMPEACH HIM 30 MINUTES AFTER HE TOOK OFFICE IN 2016.That dumb broad pelosi,how is she the speaker of the house,haw can we get rid of her? GOD HELP OUR COUNTRY THE NEXT FOUR YEARS

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