Impeachment Update: Trump Lawyer Decries ‘Total Lack of Due Process’

Date: 2021-02-09 23:19:31

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One of former U.S. President Donald Trump’s lawyers is arguing that the former president’s impeachment trial in the Senate should be dismissed, because of the “total lack of due process,” in the House.

David Schoen admitted he was using “a lot of words,” in his rebuttal to House impeachment managers’ case that the trial was constitutional. It was a strikingly different tone from the House Democrat impeachment managers, who use an emotional, jarring video of the January 6th Capitol Hill attack to make their case.

Trump was impeached on a count of incitement of insurrection over the Jan. 6 Capitol riot by a mob of his supporters.

“The singular goal of the house managers and House leadership in pursuing the impeachment conviction of Donald J Trump is to use these proceedings to disenfranchise at least 74 million Americans, with whom they viscerally disagree, and to ensure that neither they nor any other American ever again can cast a vote for Donald Trump,” Schoen said.

“Their ultimate hope is that this will be a shot across the bow of any other candidate for public office who would dare to take up a political message that is very different from their own political point of view.”

Both sides were debating the trial’s constitutionality on Tuesday. The debate was followed by a vote to dismiss the case, which is expected to fail.

Trump’s team is arguing that the trial is not constitutional because Trump is out of office. Democrats, citing legal scholars and precedent from a secretary of war’s 1876 impeachment, have detailed both the historical precedent and the violence of the rioting to argue that it is constitutional.

Trump was impeached one week before he left office and one week after he told his supporters to “fight like hell” before they laid siege on the Capitol. The rioting resulted in five deaths.

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