Ex U.S. president, Donald Trump has rejected a request for him to testify at his Senate impeachment trial, calling the demand a political “stunt” by Democrats.
David Schoen, Trump’s
lead defense lawyer, wrote in a letter to the 10 House impeachment managers
that their request for sworn testimony from Trump, now an ex-president, proves
his claim that the trial is unconstitutional.
“We are in receipt of
your latest public relations stunt,” Schoen wrote.
“Your letter only
confirms what is known to everyone: You cannot prove your allegations against
the 45th president of the United States, who is now a private citizen. The use
of our Constitution to bring a purported impeachment proceeding is much too
serious to try to play these games.”
On January 6, Five
people, including a Capitol Police officer, were killed in the bloody attack on
the Capitol that supporters of Trump launched in an effort to prevent Congress
from certifying Biden as the winner of the 2020 election.
The attackers stormed
the Capitol after Trump urged them at a rally outside the White House to “fight
like hell” to stop the certification while regurgitating his false claims about
the election being “stolen” from him.
The House impeached
Trump a week after the assault on a single count of “incitement of
insurrection.”
The Senate will now
decide whether to convict Trump. Even though he’s out of office, a conviction
would allow the Senate to separately vote to bar him from ever holding or
running for public office again.
The impeachment
managers, led by Maryland Rep. Jamie Raskin, said in their voluntary request to
Trump that refusal to testify would give senators reason to draw a “strong
adverse inference regarding his actions” during, before and after the deadly
Jan. 6 attack on the U.S. Capitol, which the former president stands accused of
inciting.
But Schoen replied
saying;
“As you certainly
know, there is no such thing as a negative inference in this unconstitutional
proceeding,” he wrote to the managers.
Schoen made clear
early this week that Trump’s defense will state that the trial itself is
unconstitutional because he argues the Constitution only allows the Senate to
try current occupants of the Oval Office.
The managers had
proposed that Trump testify and undergo cross-examination next week between
Monday and Thursday at a place of his choosing and he should have no legitimate
excuse for refusing to testify since he has now left office.
“Presidents Gerald
Ford and Bill Clinton both provided testimony while in office — and the Supreme
Court held just last year that you were not immune from legal process while
serving as president — so there is no doubt that you can testify in these
proceedings,” they wrote to Trump.
After Schoen’s reply,
Raskin suggested Trump’s refusal to testify evinces a weak defense strategy.
“Despite his lawyers’
rhetoric, any official accused of inciting armed violence against the
government of the United States should welcome the chance to testify openly and
honestly — that is, if the official had a defense,” Raskin said.
“We will prove at
trial that President Trump’s conduct was indefensible. His immediate refusal to
testify speaks volumes and plainly establishes an adverse inference supporting
his guilt.”
The Senate could vote
to subpoena Trump for testimony.
However, a subpoena would require at least 51
votes and even some Democratic senators oppose the idea of giving Trump a
platform.
“I think it’s a
terrible idea,” said Sen. Chris Coons (D-Del.). Asked why, Coons replied, “Have
you met President Trump?”
0 Comments