Trump’s lawyers deny he encouraged violence; Democrats say he has no defence

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On the eve of his impeachment trial on a charge of inciting the deadly US Capitol attack, Donald Trump’s lawyers on Monday denied he had encouraged violence.

WASHINGTON (REUTERS) - On the eve of his impeachment trial on a charge of inciting the deadly US Capitol attack, Donald Trump's lawyers on Monday (Feb 8) denied he had encouraged violence, while the lawmakers set to prosecute him said the former president has no valid defence.

Trump's legal team, seeking to convince members of the 100-seat Senate not to convict the Republican or to bar him from again serving in public office, made clear in a pre-trial brief they would give no ground in his unprecedented second impeachment trial.

The trial, they said, was a "brazen political act" by Democrats intended to "silence a political opponent and a minority party" and argued that the Constitution does not allow for impeachment proceedings against a former president.

The impeachment charge of "incitement of insurrection" passed on Jan 13 by the Democratic-led House of Representatives focused on Trump's speech to a crowd of followers shortly before hundreds of them stormed the Capitol on Jan 6, sending lawmakers into hiding and leaving five people dead including a police officer.

"The evidence of President Trump's conduct is overwhelming," the nine Democratic House impeachment managers, who will essentially serve as prosecutors, wrote in their own brief. "He has no valid excuse or defense for his actions. And his efforts to escape accountability are entirely unavailing."

Defence lawyers said Trump was speaking only in a "figurative sense" when he told followers to go to the Capitol and "fight like hell" as Congress was formally certifying Democrat Joe Biden's election victory.

Trump's use of the word "fight", the defence said, "could not be construed to encourage acts of violence".

"Notably absent from his speech was any reference to or encouragement of an insurrection, a riot, criminal action, or any acts of physical violence whatsoever," they wrote.

Defence lawyers Bruce Castor, David Schoen and Michael van der Veen said the Constitution "does not provide for the impeachment of a private citizen who is not in office".

Trump's four-year term ended on Jan 20.

Meanwhile, Trump's false claims of a stolen election and his speech before the riot have left fissures in his party. Ten House Republicans voted to impeach him.

Conviction requires a two-thirds majority, meaning 17 Republicans would need to join the Senate's 50 Democrats in the vote. Based on preliminary votes and public comments, there appears to be little chance of that occurring.

'Political theatre'

The lawyers took aim at House Speaker Nancy Pelosi and the House managers, saying indulging Democrats' "hunger for this political theatre is a danger to our Republic democracy and the rights that we hold dear".

The impeachment, Trump's lawyers said, "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" after the rampage.

A failed Jan 26 bid to dismiss the case against Trump on the basis that it would be unconstitutional to hold a post-presidency trial drew the support of 45 of the 50 Senate Republicans.

Trump's lawyers asserted on Monday that the siege had nothing to do with his speech, saying the rioters stormed the Capitol "of their own accord and for their own reasons". Lawyers for at least some of the people charged in the attack have said these defendants acted on Trump's encouragement.

Trump's lawyers also said his remarks were protected by the Constitution's First Amendment right to free speech - an argument the Democratic managers called "utterly baseless". At least six of the 170 people charged over the Capitol siege have tried to shift at least some of the blame onto Trump as they defend themselves in court or in the court of public opinion.

Unprecedented proceeding

Trump is the first US president to be impeached twice and the first to face trial after leaving office.

A source familiar with the discussions said the trial will open on Tuesday with a four-hour debate and then a vote on whether the proceedings are unconstitutional because Trump is no longer president. The trial will then feature up to 32 hours of debate beginning on Wednesday at noon, the source added.

If the House prosecutors decide they want to call witnesses, the Senate would debate and hold a vote on whether witnesses will be allowed, the source said.

Both parties may have an interest in completing the trial expeditiously.

Democrats hold slim majorities in both the House and Senate, and the trial could make it more difficult for Congress to pass Biden's US$1.9 trillion (S$2.53 trillion) Covid-19 relief plan and complete the confirmation of nominees to government posts.

Trump's first impeachment trial, on charges of abuse of power and obstructing Congress arising from his request that Ukraine investigate Biden and his son Hunter, ended last year in acquittal by the then-Republican-led Senate.

The Senate plans to pause the trial from Friday evening to Saturday evening to honour a request by lawyer Schoen, who observes the Jewish Sabbath, and will then resume on Sunday.

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