The second indictment of former President Donald Trump is an unconstitutional act of ‘political theater’ by Democrats who ignored the most important facts about the riot in the Capitol in their rush for the verdict, his lawyers argued in a long, written defense on Monday. .
The 75-page hearing memorandum states that the charge of “incitement to insurrection” against Trump is attracted by the words he actually spoke to his supporters before storming the halls of Congress, as well as evidence that the attack actually preceded is planned.
One might have been excused if you had thought that the Democrats’ feverish hatred for the citizen Trump and their ‘Trump Derangement Syndrome’ would have broken now, as he is no longer the president, and yet for the second time in just over a year ago the United States Senate was preparing to sit in court for indictment, but this time over a private citizen who is a former president, ‘his lawyers wrote.
With the trial set to begin on Tuesday, Trump’s lawyers accused the Democrats of “trying to work out a mechanism by which they could silence a political opponent and a minority party,” and urged the Senate to “address this shameless political act to reject summarily ‘.
“The true truth is that the people who criminally violated the Capitol did so on their own initiative and for their own reasons,” attorneys Bruce Castor, David Schoen and Michael van der Veen argue in the new documentation.
Chuck Schumer (D-NY), Senate Majority Leader, said at a Monday morning news conference in Queens that both parties are finalizing a resolution … which will ensure a fair, honest and dual hearing against the Senate. ‘
“Truth and accountability are essential,” Schumer said.
Some people say, ‘Oh, let it go. ‘Oh no. Something so awful, so nasty [as what] happened on January 6, you can not sweep it under the rug. You must reveal all the truth, and then the liability as soon as the truth comes out. This is what we want to do in this trial. ”
Schumer also said that “each party has enough time to make arguments” and that “there will be a vote” if the House leaders want to testify from witnesses. “That’s what they asked for. They were not sure if they wanted witnesses. They wanted to keep the option. That’s just what we do, ”he said.
Trump’s defense will argue that the trial is unconstitutional and that a careful analysis of Trump’s words in a speech before the riot and thereafter will remove him from misconduct.
“Mr Trump concluded his speech at the Ellipse with the statement ‘[s]o let’s walk down Pennsylvania Avenue. I want to thank you all. God bless you and God bless America. Thank you so much for being here, it’s amazing. Thank you very much. Thank you ‘, ”says the documentation.
“Despite the indictments of the Home Rulers against Mr. Trump, his statements cannot and cannot reasonably be interpreted as a call for immediate violence or a call for a violent overthrow of the United States government.”
During his speech, Trump told supporters he had been deceived by re-election fraud and urged supporters to “fight like hell” to persuade lawmakers to invalidate swing state voters. Skirmishes near the Capitol began before the speech ended.
Five people have died after Trump supporters broke into the Capitol building and disrupted the certification of President Biden’s victory.
The submission indicates that there will be an intense focus on the timeline of Trump’s words, even after rioters stormed the building. Democrats and some Republicans say Trump has taken too long to demand on Twitter that the siege be ended.
Trump’s lawyers write: ‘The House of Representatives’ suggestion that President Trump should not act quickly enough to suppress the violence is absolutely untrue. Upon hearing the reports of violence, he tweeted and begged the crowd to be ‘peaceful’, followed by a tweeted video urging people to ‘go home’ and do so in ‘peace’. ”
According to video analysis, the first burglary in the building took place on January 6 at 14:12. Trump’s initial tweet after the burglary said at 2:38 p.m., ‘Please support our Capitol police and law enforcement. They are truly on the side of our country. Stay calm! ”
Trump’s legal team also claims that the trial is violated by Trump’s first amendment to freedom of speech and that the proceedings violate the Constitution because Trump is now a former president.
And the lawyers address a claim by Democrats that the trial is admissible under the 1876 precedent. The House was indicted and the Senate tried a former cabinet member, William Belknap, for taking bribes as war secretary.
Trump’s lawyers write: ‘While historical reports indicate that few senators believe Belknap was innocent, the majority of those who vote to acquit him did so because they did not think the Senate had jurisdiction over anyone who did not. was no longer in office, convicted.
It is considered unlikely that 17 Republicans of the Senate will vote to convict as required. Although Senate Majority Leader Mitch McConnell (R-Ky.) Said the rioters were “provoked by the president” and that he was open to conviction, he joined 45 of 50 Republicans who voted not to stand trial. too late because it is allegedly unconstitutional.