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Trump faces Tuesday deadline to deliver formal response to impeachment as trial looms


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Trump faces Tuesday deadline to deliver formal response to impeachment as trial looms

By Richard Cowan and James Oliphant

 

2021-02-01T111614Z_1_LYNXMPEH101AV_RTROPTP_4_USA-TRUMP-FUNDRAISING.JPG

FILE PHOTO: U.S. President Donald Trump waves as he arrives at Palm Beach International Airport in West Palm Beach, Florida, U.S., January 20, 2021. REUTERS/Carlos Barria

 

WASHINGTON (Reuters) - Former U.S. President Donald Trump's unprecedented second impeachment trial takes shape this week, as Democrats outline their case and Trump scrambles to prepare a defense amid disarray on his legal team.

 

Trump is due to file a response to the impeachment charge on Tuesday but replaced his lead legal counsel over the weekend.

 

His new team, led by lawyers David Schoen and Bruce Castor, will have just over a week to get ready before the trial begins Feb. 9.

 

Even so, Democrats seeking his conviction on one count of "incitement of insurrection" face an uphill climb.

 

They must convince at least 17 of the U.S. Senate's 50 Republicans that Trump is guilty of inciting supporters to attack the U.S. Capitol on Jan. 6 in an unsuccessful attempt to prevent Congress from certifying Democrat Joe Biden's victory in November's presidential election. Five people died in the chaos.

 

As Trump left office on Jan. 20 , a vote to convict would have little practical impact. But it could clear the way for a vote to prevent him from holding public office in the future.

 

Former U.S. President Donald Trump's unprecedented second impeachment trial takes shape this week, as Democrats outline their case and Trump scrambles to prepare a defense amid disarray on his legal team. This report produced by Yahaira Jacquez.

 

House Democrats, who will be prosecuting the case in the Senate, will submit a pre-trial brief laying out their case against Trump. They are also due to indicate as soon as Tuesday whether they plan to call witnesses - a flash point in last year's impeachment trial.

 

Trump's response to the charge likely will indicate whether he will continue to argue without merit that he lost the presidential election because of widespread voter fraud. Numerous federal and state courts have rejected those claims.

 

Following the riot on Capitol Hill, stunned Republicans struggled over how to respond to Trump's role and his failure to try to quell the violence as it was unfolding.

 

Most Republican senators now are lining up against conviction. While few defend his actions, many argue that Congress does not have the power to impeach a former president. They also have maintained that another trial will hurt efforts to unify the country in the post-Trump era.

 

Republican Senator Rob Portman, who last week said he would not seek re-election amid the nation's deep political divisions, signaled that it would not help Trump if his defense is simply reasserting the former president's unfounded claims of election fraud.

 

"If the argument is not going to be made on issues like constitutionality, which are real issues and need to be addressed, I think it will not benefit the president," Portman said on CNN's "State of the Union" on Sunday.

 

Trump's legal team could also argue that Trump was simply exercising his First Amendment right to free speech on Jan. 6 when he addressed his supporters outside the White House before they marched to Capitol Hill.

 

Schoen previously represented Trump's longtime advisor Roger Stone, who was convicted in November 2019 of lying under oath to lawmakers who were investigating Russian interference in the 2016 election. Trump pardoned Stone in December.

 

Castor is a former Pennsylvania district attorney known for his decision to not prosecute entertainer Bill Cosby in 2005 after a woman accused Cosby of sexual assault. In 2017, he sued Cosby's accuser in the case for defamation, claiming she destroyed his political career in retaliation.

 

Whichever tack defense lawyers take, the 100 Democratic and Republican senators who will serve as jurors are anticipating a trial of possibly only a few days, far shorter than Trump's first trial, which lasted three weeks.

 

With the exception of Senator Mitt Romney, Republicans stuck with Trump during that trial. He was acquitted on charges of abuse of power and obstructing Congress stemming from his attempt to pressure the president of Ukraine to investigate Biden.

 

Trump labeled that episode a Democratic "witch hunt." And while the circumstances were far different from this second impeachment, they share the same underlying accusations that Trump was resorting to extreme and impeachable actions to win re-election in 2020.

 

Last year, Republicans who then controlled the Senate blocked witness testimony or the introduction of additional evidence against Trump.

 

Democrats, who currently hold a razor-thin majority in the Senate, will have more say over how this trial will be conducted. But they are not expected to win enough Republican votes to secure Trump's conviction.

 

Republican Senator Lindsey Graham, an ardent Trump supporter, said on Fox News last week that Republicans would prolong the trial for "weeks if not months" if Democrats called witnesses - which could impede Biden's legislative agenda.

 

Some Democrats and Republicans have suggested the Senate should reprimand Trump, rather than convict him.

Republican Senator John Cornyn warned against that as well.

 

"It used to be that losing an election was considered to be punishment, at least in the political sense," Cornyn told reporters last week.

 

(Reporting by Richard Cowan and James Oliphant; Editing by Andy Sullivan & Simon Cameron-Moore)

 

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-- © Copyright Reuters 2021-02-02
 
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59 minutes ago, Berkshire said:

Trump's lawyers may have the easiest job yet.  Just go up there and say "At least 45 of you already agreed that this trial is unconstitutional.  We concur."  That's it.  But if they bring up the nonsense that their client wants to bring up, like the made-up election fraud claims, they may manage to snatch defeat from the jaws of victory.

 

I just happened to hear exact same thing, word for word (including "snatching from the jaws..."), from one of the tv network news clips on youtube. Don't remember which one.

 

In addition, from a different and older segment, the theory that since Trump lost Georgia, he couldn't let anyone else win it thus ruined the run-off for the GOP, resulting in the loss of majority leadership for McConnell. Turtle Mitch must be seething in pain, maybe now they understand what "going down in flames" means, however belatedly.

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26 minutes ago, Lacessit said:

I would still like to know when the unredacted Mueller report will be released. IMO that would probably add treason to sedition.

<snip>

 

Somehow I imagine there are sharp legal minds working on just that right now!

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27 minutes ago, stevenl said:

"Republican Senator Lindsey Graham, an ardent Trump supporter, said on Fox News last week that Republicans would prolong the trial for "weeks if not months" if Democrats called witnesses - which could impede Biden's legislative agenda.".

Says it all really. On one hand complaining this trial divides the country, while threatening to prolong and divide as much as possible.

 

Yes, play for time, that's part of the GOP do-nothing strategy.  But let's see if DT can keep the $$$ coming in meanwhile

Trump Raised $255.4 Million in 8 Weeks as He Sought to Overturn Election Result

 

Quote

The new records show that his fund-raising fell sharply in December compared with November, with an especially notable dip after Dec. 14, the day the Electoral College formally cast its ballots to make Mr. Biden the nation’s 46th president, and reality may have set in for some of Mr. Trump’s supporters about the futility of the efforts to overturn the result.

 

 

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I wonder why Trump didn't go with a public defender (we've all seen shows where lawyers first exposure of case is while walking into court).  Added bonus is that taxpayers would have to pay defender, so lawyers wouldn't get stiffed & Trump can save money for KFC

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1 hour ago, Emdog said:

I wonder why Trump didn't go with a public defender (we've all seen shows where lawyers first exposure of case is while walking into court).  Added bonus is that taxpayers would have to pay defender, so lawyers wouldn't get stiffed & Trump can save money for KFC

Trump gave his last lawyers a hard time by telling them the case was easy and he could probably just represent himself.  I would have loved to see that.

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19 hours ago, Phoenix Rising said:

I think Graham needs to be reminded about his own prescient prediction.

 

 

Until trump was elected then he changed tune.

 

Now trump is gone he will do gymnastics again.

 

Remember what he said about appointing a scotus. His view didnt last long.

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8 hours ago, Chomper Higgot said:

Trump prepares to deliver the same old tired and exposed lies as Republican Senators are about to be put on record, just as more news of the extent of planning and coordination that went into the failed coup is revealed.

 

Whatever happened to the ‘Grand Old Party’?!

 

Pre planed and coordinated, incited by Trump's speech on the day. ????

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8 minutes ago, Sujo said:

Until trump was elected then he changed tune.

 

Now trump is gone he will do gymnastics again.

 

Remember what he said about appointing a scotus. His view didnt last long.

Graham’s epiphany was not coincident with Trump’s election win, it occurred immediately after Trump invited Graham to join him in a game of golf.

 

The rumor mill has it, and there yet to be confirmed, that Trump had a word with Graham over his predilection tto ‘land in the rough’.

 

Certainly Graham was deeply moved by that one game of golf.

Edited by Chomper Higgot
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1 minute ago, natway09 said:

The whole thing is a waste of time, money & resources except of course in the lawyers eyes 

who just see it as $$$$$.

Even if goes against Trump he will never as an ex president see the inside of a jail cell.

Still I can hope

It's not about putting him in jail.  It's about sending a message that this type of behavior in unacceptable.  And, if convicted in the Senate, they can do another procedure to keep him out of office forever.  Not a bad thing.

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8 hours ago, Tug said:

He’s just going to push the lie that he won same old bs and more inciting the (mob) it will be good to expose and get on record the republicans that are willing to accept an attempted coup by a trustfund baby from NY city I’m ashamed I ever voted for a Republican candidate (I dident vote for trump)I’ve had his measure since the 70s just beggers belief he’s still dragging us down

As some person smarter than me once said>> "You cannot cure stupid"

Edited by RJRS1301
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