President Trump’s legal team says impeachment trial unconstitutional, calls for acquittal
UPDATED 11:40 AM PT – Tuesday, February 2, 2021
President Trump’s legal team has called on the Senate for an acquittal, while arguing the impeachment trial is unconstitutional.
In a brief filed with the House Tuesday, defense attorneys noted Trump cannot be tried for impeachment because he is no longer the sitting president. They also argued his January 6 speech was protected by the First Amendment and he did not engage in insurrection or rebellion.
Trump’s legal team said the Senate has no jurisdiction over whether he can hold office again and the House Articles of Impeachment were improperly drafted.
The 45th President’s Answer to Article of Impeachment: pic.twitter.com/SWm1h0PQk3
— Trump War Room (@TrumpWarRoom) February 2, 2021
The response came after the House Democrats filed their brief early Tuesday. The trial is set to start next Tuesday.