Trump Bears 'Unmistakable' Responsibility for Capitol Riot, House Impeachment Brief Argues

Legal Scramble

Former US president Donald Trump announced on Sunday he had picked two lawyers to head his defence team days before his historic second impeachment trial, as Republicans braced for a battle over the future of their party.

At a "Stop the Steal" rally on the morning of January 6, Trump told his followers: 'We're going to walk down to the Capitol, and we're going to cheer on our courageous senators and congressmen and women and we're probably not going to be cheering so much for some of them. Chuck Schumer, Senator Schumer promised a fair and full trial.

"I applaud Senator Rand Paul for his efforts to stop the unconstitutional Senate trial to impeach a private citizen", said Republican insider and former state Rep. Perry Hooper Jr.

Many legal scholars say there is no bar to an impeachment trial despite Trump having left the White House.

Instead, an argument on constitutionality would likely on whether the trial is a moot point because Trump left office.

Convicting Trump, who is just the third USA president to be impeached and the first to face trial after leaving office, would require a two-thirds vote, meaning that 17 Republicans would need to join the Senate's 50 Democrats in voting to convict.

McConnell blasts 'loony lies' by fellow Republican Greene
Marjorie Taylor Greene (R-Ga.) wore a "Stop the Steal" mask on the steps of the U.S. Capitol in Washington, D.C. on January 4, 2021.

Meanwhile, Fox News noted that David Schoen, one of the attorneys who will represent Trump, told Fox News Host Sean Hannity that Democrats have already made the determination that Trump is guilty. "But at the same time, we don't want to gloss over the awful actions that happened at the Capitol".

'It undercuts democracy. How could you possibly have a fair trial?

Schoen was also a part of Trump ally Roger Stone's defense team during his trial for witness tampering, obstructing an official proceeding, and making false statements in relation to Robert Mueller's Russian Federation investigation.

Here is an overview of the once-academic debate that has taken on new importance.

The apparent failure of Trump's second impeachment trial to get a conviction, this time before it even began, was applauded by Trump loyalists.

'There was a rush to judgment. Trump is still making false claims that his election loss to Democratic President Joe Biden was the result of widespread voting fraud and irregularities. Once President Trump became president, on the day he was elected, there were calls for his impeachment'. "Over the past year, increasingly over the past six months, he turned to me for advice", Schoen had said during that interview, adding that Epstein wanted to be billed for that service, but he declined because, he "wasn't sure where the relationship was going".

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