What we’re hearing: Trump’s lawyers will focus on four key points about the impeachment:
It’s unconstitutional. They’ll say removal is the requirement for impeachment, and Democrats cannot satisfy that requirement for someone who’s already out of office.
No due process. It was “impeachment by reflex,” and the article of impeachment was hastily drafted before a thorough investigation took place.
Violates First Amendment. President Trump’s speech at the pre-riot rally doesn’t meet “the Brandenburg test” — referring to Brandenberg v. Ohio — stating that any violence advocated by a speaker must be intended, likely and imminent.
Won’t unify the country. The entire trial goes against President Biden’s core campaign promise, and Democrats are further exacerbating the divisions in the country.
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