(PatriotWise.com)- Despite celebrations from the nation’s left-wing press that President Donald Trump’s original legal team resigned, the former president’s new legal team has already filed their response to the sham hearing. And it is epic.
Lawyers representing former President Trump argued on Tuesday afternoon that the trial, pushed by the Democrats to stop him from running for office again, is unconstitutional. The former president’s attorneys also argued against the claims made by the House of Representatives, explaining how they are not based in fact.
It followed an 80-page brief published by the Democrat-controlled House which claims that Donald Trump committed “incitement of insurrection against the Republic he swore to protect.”
In the brief, Democrats argued that during a January 6 speech at the Ellipse, the president incited a crowd to storm the United States Capitol Building. Legislators also claimed that the former president’s accusations of election fraud and misconduct in November of last year contributed to the incitement of the riot and that the impeachment hearing is constitutional.
In the brief, the former president’s call for protesters to assemble “peacefully and patriotically” was canceled out by a later comment, in which he told his supporters to “fight like hell” for the United States.
Have they never heard people use the phrase “fight like hell” figuratively before?
The House also accepted that they did not follow normal investigative processes, but made their case that the hearing is still proper.
Trump’s legal team, which is now headed by David Schoen and Bruce L. Castor, argued in a 14-page response that the Senate cannot constitutionally try a private citizen or a president who has left office. They also contested the argument made by the House that the former president should be banned from running for public office in the future.
The legal team said that passing a resolution to ban Trump from running for office in the future, which he is rumored to be considering in 2024, would “constitute a Bill of Attainder in violation of Art. I, Sec. 9. Cl. 3” of the United States Constitution.
On the “fight like hell” comment, the lawyers explain how the president’s comments were first of all covered by his First Amendment right to free speech, and secondly, that the comment was “clearly about the need to fight for election security in general, as evidenced by the recording of the speech.”
The House also seemed to be ignoring the fact that the FBI has already confirmed that the violence erupted in D.C. before the president finished giving his speech – the same speech in which he called for peaceful protest.
Trump’s lawyers reminded Democrats that they have also contested the counting of the Electoral College vote in the past, something even House Speaker Nancy Pelosi did in 2005 when she objected to Ohio’s election results.
In 2005, Nancy Pelosi objected to the state of Ohio’s electoral votes. She called it “democracy at work” and “fundamental.”
Now, she condemns anyone who questions the 2020 election and plans to object the same way she did. pic.twitter.com/FamjfvOFIm
— Congressman William Timmons (@RepTimmons) January 3, 2021
The impeachment hearing is set to begin within days, and as it stands, the Senate does not have the votes required to convict the former president.