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In re: IMPEACHMENT OF FORMER PRESIDENT DONALD J. TRUMP

TRIAL MEMORANDUM OF DONALD J. TRUMP,

45TH PRESIDENT OF THE UNITED STATES OF AMERICA

I. INTRODUCTION

During the past four years, Democrat members of the United States House of Representatives have filed at least nine (9) resolutions to impeach Donald J. Trump, the 45th President of the United States, each containing charges more outlandish than the next. One might have been excused for thinking that the Democrats’ fevered hatred for Citizen Trump and their “Trump Derangement Syndrome” would have broken by now, seeing as he is no longer the President, and yet for the second time in just over a year the United States Senate is preparing to sit as a Court of Impeachment, but this time over a private citizen who is a former President. In this Country, the Constitution – not a political party and not politicians – reigns supreme. But through this latest Article of Impeachment now before the Senate, Democrat politicians seek to carve out a mechanism by which they can silence a political opponent and a minority party. The Senate must summarily reject this brazen political act. This rushed, single article of impeachment ignores the very Constitution from which its power comes and is itself defectively drafted. In bringing this impeachment at all, the Members of the House leadership have debased the grave power of impeachment and disdained the solemn responsibility that this awesome power entails. In bringing this impeachment in the manner in which they did, namely via a process that violated every precedent and every principle of fairness followed in impeachment inquiries for more than 150 years, they offered the public a master’s class in the art of political opportunism. The intellectual dishonesty and factual vacuity put forth by the House Managers in their trial memorandum only serve to further punctuate the point that this impeachment proceeding was never about seeking justice. Instead, this was only ever a selfish attempt by Democratic leadership in the House to prey upon the feelings of horror and confusion that fell upon all Americans across the entire political spectrum upon seeing the destruction at the Capitol on January 6 by a few hundred people. Instead of acting to heal the nation, or at the very least focusing on prosecuting the lawbreakers who stormed the Capitol, the Speaker of the House and her allies have tried to callously harness the chaos of the moment for their own political gain.

IV. CONCLUSION

The Article of Impeachment presented by the House is unconstitutional for a variety of reasons, any of which alone would be grounds for immediate dismissal. Taken together, they demonstrate conclusively that indulging House Democrats hunger for this political theater is a danger to our Republic, democracy and the rights that we hold dear. Reasons for dismissal include:

1. The Senate of the United States lacks jurisdiction over the 45th President because he holds no public office from which he can be removed, and the Constitution limits the authority of the Senate in cases of impeachment to removal from office as the prerequisite active remedy allowed the Senate under our Constitution.

2. The Senate of the United States lacks jurisdiction over the 45thPresident because he holds no public office from which he can be removed rendering the Article of Impeachment moot and a non-justiciable question.

3.  Should the Senate act on the Article of Impeachment initiated in the House of Representatives, it will have passed a Bill of Attainder in violation of Article 1, Sec. 9. Cl. 3 of the United States Constitution.

4.The allegations in the Article of Impeachment are self-evidently wrong, as demonstrated by the evidence including the transcript of the President’s actual speech, and the allegations fail to meet the constitutional standard for any crime, let alone an impeachable offense.

5. The House of Representatives deprived the 45th President of due process of law in rushing to issue the Article of Impeachment and by ignoring its own procedures and precedents going back to the mid-19thcentury. The lack of due process included, but was not limited to, its failure to conduct any meaningful committee review or other investigation, engage in any full and fair consideration of evidence in support of the Article, as well as the failure to conduct any full and fair discussion by allowing the 45thPresident’s positions to be heard in the House Chamber. No exigent circumstances under the law were present excusing the House of Representatives’ rush to judgment, as evidenced by the fact that they then held the Article for another 12 days.

6. The Article of Impeachment violates the 45th President’s right to free speech and thought guaranteed under the First Amendment to the United States Constitution.

7. The Article is constitutionally flawed in that it charges multiple instances of allegedly impeachable conduct in a single article.

The Senate should dismiss these charges and acquit the President because this is clearly not what the Framers wanted or what the Constitution allows.

Respectfully submitted,

Bruce L. Castor, Jr.
David Schoen
Michael T. van der Veen
Counsel to the 45th President of the United States

February 8, 2021

 

To read the entire 75 page document, with footnotes, go here:

https://www.45office.com/images/uploads/Final_Trump_Trial_Memorandum.pdf

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