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The lawyers of the former President, Donald J. Trump, said on Thursday that they had dismissed a move by House impeachment managers to pressure testifying at his Senate trial next week as a ‘publicity stunt’ — Trump will not be open to questions.
Respondee lawyers Bruce Castor and David Schoen say they are in receipt of the latest ‘public relations’ stunt.
“As you certainly know, there is no such thing as a negative inference in this unconstitutional proceeding. 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 response said.
“The use of our Constitution to bring a purported impeachment proceeding is much too serious to try to play these games.”
Impeachment manager Rep Jamie Raskin wrote to Trump earlier that he was invited to fight and dispute factual allegations and provide a testimony under oath before or during the Senate impeachment trial over riots at the Capitol on January 6 in Washington, DC.
“If you decline the invitation, we reserve any and all rights, including the right to establish at trial that your refusal to testify supports a strong adverse inference regarding your actions (and inaction) on [January 6, 2021],” wrote Jamie Raskin.
Trump’s legal team filed briefs this week that laid out how they can build their cases in the Senate when the impeachment trial commences next Tuesday. It was done in a 14-page answer to the article of impeachment of incitement of insurrection by his lawyers.
“It is denied that the phrase, ‘if you don’t fight like hell you’re not going to have a country anymore’ had anything to do with the action at the Capitol as it was clearly about the need to fight for election security in general, as evidenced by the recording of the speech,” Schoen and Castor wrote.
“Like all Americans, the 45th President is protected by the First Amendment.”
The House cannot subpoena Trump because it impeached him on January 13. However, the Senate could vote with a simple majority.
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