The first response to the Senate summons has been sent. And we are in for a constitutional brawl.
This is an outright attack on the ability of the people to select a President of their own choosing. This whole impeachment was explicitly an attempt to overturn an election whose results the Democrats never truly accepted… and the fact that Democrats have failed to provide any instance of Trump breaking the law backs up that claim.
The source said the response would tackle both procedural and substantive concerns with the two articles of impeachment, alleging that Trump abused his position and obstructed Congress.
“We next assert that the articles of impeachment are constitutionally invalid on their face,” he said. “They fail to allege any crime or violation of law whatsoever, let alone high crimes and misdemeanors.”
Trump became the third president to be impeached when the House last month approved charges that he abused his power by asking the president of Ukraine to open a corruption investigation into former Vice President Joe Biden’s son. He is accused of withholding aid in order to increase pressure.
However, the document spells out that security assistance was sent to Ukraine without an investigation being launched.
It also states that the president has a legitimate right to withhold information through executive privilege, which cannot therefore constitute obstruction of Congress.
Impeachment moves into its next critical phase this week. Trump’s Senate trial is expected to start on Tuesday, and his lawyers are due to submit their “legal brief,” setting out a more detailed argument, on Monday.
“The conclusion at the end of the day is that the articles violate the Constitution,” said a source. “They are defective in their entirety. They are the product of invalid proceedings that flagrantly denied the president and due process rights. They rest on dangerous distortions of the Constitution that will do lasting damage to our structure of government.”
You just knew Trump’s team would come out swinging.
It’s almost enough to make you feel bad for Schiff and Nadler.