HERE’S WHAT TRUMP’S DEFENSE TEAM IS LIKELY TO ARGUE, AND WHAT PROBLEMS COULD ARISE DURING HIS IMPEACHMENT TRIAL

The Articles of Impeachment Are Invalid Because They’re Not Criminal Offenses

“Every prior presidential impeachment in our history has been based on alleged violations of existing law — indeed, criminal law,” the president’s defense wrote in the legal brief. “House Democrats’ newly invented ‘abuse of power’ theory collapses at the threshold because it fails to allege any violation of law whatsoever.”

But many legal scholars say that a president doesn’t have to break the law in order to commit an impeachable offense. According to the Constitution, a commander-in-chief can be ousted over “high crimes and misdemeanors.”

Former federal prosecutor Michael J. Stern agreed, telling Newsweek: “Nothing in the Constitution says articles of impeachment must charge a crime. That’s something the Trump team made up.”

Lack of ‘Due Process’ in the House of Representatives Investigation

The president’s lawyers have also accused Congress of denying Trump due process during the impeachment proceedings, including “the right to have counsel present, the right to cross-examine witnesses and the right to present evidence.”

While the president’s lawyers were not allowed to attend closed-door depositions of some witnesses during the House inquiry, his Republicans allies in Congress attended every interview and asked questions. Plus, Trump rejected Democratic offers to present evidence or question witnesses.

“Senate Republicans and Trump impeachment defenders are crying about a circumstance of their own making,” Stern said.

The White House has blocked testimony from several officials with direct knowledge of Trump’s dealings with Ukraine, such as acting White House Chief of Staff Mick Mulvaney and former National Security Adviser John Bolton. Trump’s attorneys also openly refused to participate in the House Judiciary Committee’s invitation to participate in congressional impeachment hearings.

“They don’t have a theory of the case other than to go after the process. When you start going after process, you’re putting yourself in a bad position because the process in the House was undermined by Trump, who wouldn’t provide the witnesses and the documents,” he said. “I just don’t see where they are going with that.”

 

Navy Vet

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