Schumer, McConnell reach deal on Trump impeachment trial

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Senate leadership announced on Monday that they have reached a deal on the framework for former President Trump‘s impeachment trial, which will start on Tuesday.

“For the information of the Senate, the Republican leader and I, in consultation with both the House managers and Former President Trump’s lawyers, have agreed to a bipartisan resolution to govern the structure and timing of the impending trial,” Senate Majority Leader Charles Schumer (D-N.Y.) said from the Senate floor. 

“All parties have agreed to a structure that will ensure a fair and honest Senate impeachment trial of the former president,” Schumer said. Continue reading.

Trump lawyers decline impeachment managers’ request for him to testify

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Former President Trump’s lawyers on Thursday declinedlead House impeachment manager Rep. Jamie Raskin (D-Md.)’s request that he testify under oath before or during his Senate trial next week, calling the invitation a “public relations stunt.” 

Why it matters: Trump has been charged by the House with inciting the insurrection at the Capitol, but has disputed “many factual allegations set forth in the article of impeachment,” Raskin notes. Testimony under oath would allow the former president to clarify “critical facts” about his role in the events of Jan. 6.

Details: “We would propose that you provide your testimony (of course including cross-examination) as early as Monday, February 8, 2021, and not later than Thursday, February 11, 2021. We would be pleased to arrange such testimony at a mutually convenient time and place,” Raskin wrote in the letter. Continue reading.

Harvard Law Professor Explains Why Donald Trump’s Free Speech Defense May Not Stick

Laurence Tribe likened the former president to a fire chief “urging a mob to burn the theater down.”

Harvard constitutional law professor Laurence Tribe has poured cold water on the free speech defense being put forward by former President Donald Trump’s legal team ahead of his Senate impeachment trial for inciting the deadly U.S. Capitol riot.

Trump impeachment counsel David Schoen argued in an interview with The New York Times on Tuesday that the former president’s provocative comments to his supporters before they ransacked the Capitol on Jan. 6, for which the House impeached Trump for a second time last month, was actually protected by the First Amendment.

“We can’t control the reaction of the audience,” Schoen was quoted as saying. Continue reading.

Trump lawyers call impeachment trial unconstitutional in laying out defense

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Lawyers representing former President Trump on Tuesday detailed the defense they’ll lay out at next week’s impeachment trial, arguing that it is unconstitutional to impeach a former president and that Trump’s speech did not directly lead to the deadly siege on the U.S. Capitol building on Jan. 6.

The defense brief argues that Trump’s speech before a group of supporters, some of whom later sacked the Capitol, was protected under the First Amendment. And it accuses Democrats of depriving Trump of due process by rushing impeachment through the House.

“It is denied that the 45th president of the United States ever engaged in a violation of his oath of office,” the defense attorneys wrote. “To the contrary, at all times Donald J. Trump fully and faithfully executed his duties as the 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.” Continue reading.

Impeachment managers say Trump conduct demands conviction

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House Democrats on Tuesday unveiled a thorough outline of their legal case against former President Trump for his role in the Jan. 6 assault on the U.S. Capitol, arguing that he incited the mob attack and bears direct responsibility for the deadly violence that followed.

The Democrats’ 80-page trial brief describes Trump as unmistakably and singularly responsible for the events at the U.S. Capitol and states that his conduct “requires” that he be convicted and barred from holding office again.

“President Trump’s conduct must be declared unacceptable in the clearest and most unequivocal terms. This is not a partisan matter. His actions directly threatened the very foundation on which all other political debates and disagreements unfold,” the brief states. “They also threatened the constitutional system that protects the fundamental freedoms we cherish.” Continue reading.

Trump legal switch hints at larger problems

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Former President Trump abruptly changed his legal team over the weekend, underscoring his difficulties in putting together a strong defense just a week before his impeachment trial is to begin.

The president announced late Sunday that his legal defense will be led by attorneys David Schoen and Bruce Castor, two figures involved in controversial cases in the past.

The two replace South Carolina attorney Butch Bowers, who had been connected to Trump with the help of Sen. Lindsey Graham (R-S.C.) but reportedly differed with the ex-president over strategy for the trial. Continue reading.

Strategist shares prediction about the GOP’s future if Trump isn’t convicted in the Senate

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A Republican strategist is warning about the dangerous path the Republican Party could be embarking on if they do not convict Trump for inciting the deadly insurrection on the U.S. Capitol. 

According to the Huffington Post, Sarah Longwell, a Republican strategist and founder of the organization Republican Voters Against Trump, on Thursday, Jan. 28, discussed the long-term repercussions that may come if Senate Republicans do not hold former President Donald Trump accountable for his actions. Longwell also stressed that the best course of action would be to end Trump’s political future now or he could be a heavy influence on the party for the next decade. 

“This is their best chance to put a stake through Donald Trump’s political future,” she said. “If they don’t take it, Donald Trump is going to control this party for the next 10 years.”

Longwell also noted the dangers Trumpism poses to not only the Republican Party but the entire country. Continue reading.

Trump, allies raise pressure on Senate GOP ahead of impeachment

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Allies of former President Trump are waging an intense pressure campaign aimed at convincing GOP senators to vote against his conviction in next month’s impeachment trial.

The message to wavering GOP senators is that anyone who votes to convict Trump is guaranteeing a tough primary challenge that could end their political career.

The message is directed not only to red-state GOP senators who might be thinking of moving the party away from Trump, but to GOP leaders who might want to break with the president after a pro-Trump mob ransacked the Capitol on Jan. 6. Continue reading.

McConnell seeks to delay Trump impeachment trial until February

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Senate Minority Leader Mitch McConnell (R-Ky.) is proposing to delay the start of Donald Trump’s impeachment trial until February to give the former president’s lawyers more time to prepare, saying in a statement that the Senate, the presidency and Trump “deserve a full and fair process.” House Speaker Nancy Pelosi (D-Calif.) says her chamber is ready to send an article of impeachment to the Senate as soon as it is ready to hold a trial.

Separately, Congress approved a waiver for Lloyd Austin to lead the Defense Department, paving the way for the retired Army general’s historic confirmation. Austin, who would become the first Black defense secretary, requires an exemption because he has not been retired from active military service for the seven years stipulated by law.

President Biden, as he rolled out a new coronavirus plan Thursday, said that the death toll from the pandemic will probably top 500,000 next month and that it will take months “for us to turn things around.” Continue reading.

Giuliani won’t be part of Trump defense at Senate trial

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President Trump’s personal lawyer Rudy Giuliani said Monday he will not be part of the president’s defense team for the upcoming impeachment trial in the Senate, saying he could be called as a witness due to his involvement in the Jan. 6 rally that preceded the Capitol riot.

“Due to the fact that I may be a witness, the rules of legal ethics would prohibit me from representing the President as trial counsel in the impeachment trial,” Giuliani said in a statement to The Hill.

The news that Giuliani would not join the defense team was first reported by ABC NewsThe New York Times also reported on Monday that Giuliani would not be involved in the president’s defense, citing a person close to Trump. Continue reading.