Will Donald Trump escape an impeachment that could,
de facto
, prevent him from running for President of the United States again?
His new lawyers, Bruce Castor and David Schoen, who replaced at short notice on January 30 a first team of defenders, in any case bet on the unconstitutionality of the procedure launched by the detractors of the former President of the United States, accused of having incited an insurrection after the assault on the Capitol on January 6.
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At the time, Donald Trump denounced the electoral fraud of which he claimed to have been the victim - but he had not been able to prove them.
“You must fight like devils!
If you do not fight like devils, you will no longer have a country, ”
he assured, in front of a crowd of supporters in Washington.
The investment of the building by some of his supporters followed, which resulted in a heavy toll of five deaths.
Trump's statements 'have nothing to do with' events on Capitol Hill
In a document submitted to the Senate, Donald Trump's lawyers denounce the illegitimacy of the procedure, which they contest because of the departure of the businessman from the White House.
“
The Senate cannot remove from office the 45th president whose term has expired.
The Constitution requires that a person is in fact in office,
”they explain in a press release.
"The Constitution governs the first day of a president's term, his last day, and all those in between
," retorted in an argument submitted to the Senate of Democratic prosecutors, while the indictment by the House of Representatives was effective when Donald Trump was still President of the United States.
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Above all, the lawyers deny his responsibility in the attack on the Capitol, explaining that the most controversial sentence with which he is accused, in which he invited his supporters to fight,
"had nothing to do with what happened on Capitol Hill ”
and only addressed
“ the need to fight for the security of the elections in general ”
.
To which the Democrats responded:
"If provoking insurgency riots against a session of Congress after losing an election is not a crime worth impeachment, it is hard to imagine what could be"
.
The defense of the former president also judges that "
there is not enough evidence for a reasonable lawyer to conclude that the statements
(on the frauds)
of the 45th president were correct or not".
It cannot therefore be concluded that
"they were false
".
Controversial lawyers plead for freedom of expression
Bruce Castor and David Schoen explain that it would also be unconstitutional to dismiss Donald Trump, invoking the 1st Amendment of the Constitution of the United States: “
Congress will not adopt any law relating to the establishment of a religion, or the prohibition of its free exercise;
or to limit freedom of speech, of the press or the right of citizens to assemble peacefully or to petition the Government for redress for wrongs suffered.
"
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Bruce Castor and David Schoen, recently appointed, are little known to the general public, but have already been talked about in the American press.
The first is a former prosecutor in Pennsylvania, who declined to prosecute actor Bill Cosby, then accused of sexual assault.
The latter was then tried and found guilty.
The second advised Roger Stone, a close friend of Donald Trump, prosecuted and convicted in the case related to Russian interference.
He also considered defending Jeffrey Epstein, accused of sexually assaulting numerous teenage girls.
After the latter's death in cell, the lawyer said he did not believe the suicide thesis, as the
New York Times
advance
.
Donald Trump's trial for "
inciting insurgency
" is set to begin on February 9.
For a conviction to be pronounced, a two-thirds majority is required in the Senate, or 67 senators.
So far, only five Republican senators are ready to join the 50 Democrats.
