The legal team representing former President Donald Trump is now demanding that the Senate dismiss the single article of impeachment against him just one day before the trial is set to begin.
Bruce Castor and David Schoen, both attorneys who are representing Trump in this matter, filed a 78-page brief that further lays out the defense for the former president and pushes for the Senate to dismiss the trial because it is “unconstitutional.”
Well, they aren’t wrong.
“The Article of Impeachment presented by the House is unconstitutional for a variety of reasons, any of which alone would be grounds for immediate dismissal. Taken together, they demonstrate conclusively that indulging House Democrats’ hunger for this political theater is a danger to our Republic[an] democracy and the rights that we hold dear,” the lawyers wrote.
Here area a couple of the points made in the document concerning the president’s defense:
The Senate of the United States lacks jurisdiction over the 45th President because he holds no public office from which he can be removed, and the Constitution limits the authority of the Senate in cases of impeachment to removal from office as the prerequisite active remedy allowed the Senate under our Constitution.
2. The Senate of the United States lacks jurisdiction over the 45th President because he holds no public office from which he can be removed rendering the Article of Impeachment moot and a non-justiciable question.
3. Should the Senate act on the Article of Impeachment initiated in the House of Representatives, it will have passed a Bill of Attainder in violation of Article 1, Sec. 9. Cl. 3 of the United States Constitution.
4. The allegations in the Article of Impeachment are self-evidently wrong, as demonstrated by the evidence including the transcript of the President’s actual speech, and the allegations fail to meet the constitutional standard for any crime, let alone an impeachable offense.
Already, forty-five Republicans have stated they are opposed to the trial believing it to be unconstitutional due to the fact that Trump is no longer the president. This opposition makes it highly unlikely that Trump will be convicted.
So, given the many arguments made that this trial is unconstitutional and there being no way to convicted him, why bother? Why not just dismiss it and throw it out. Move on.
Because the Democrats have an axe to grind. And boy are they eager to make sure this man doesn’t run again in four years.