New Legal Team Says Senate Must Acquit Trump

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:

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.