In the brief, the nine House impeachment managers argue that Trump is not protected by the First Amendment’s freedom of speech provision, which was never intended, they wrote, to allow a president to “provoke lawless action if he loses at the polls.”
“If provoking an insurrectionary riot against a Joint Session of Congress after losing an election is not an impeachable offense, it is hard to imagine what would be,” the brief states.
Democrats also rejected the claim embraced by many Republicans that it is unconstitutional to convict a president after he has left office — an argument that Trump’s lawyers are expected to make in his defense.
“There is no ‘January Exception’ to impeachment or any other provision of the Constitution,” the House Democrats wrote. “A president must answer comprehensively for his conduct in office from his first day in office through his last.”