Congress Criminal Justice & the Rule of Law Democracy & Elections Executive Branch

Trump’s Lawyers Denounce Impeachment Trial as ‘Political Theater’ in Pretrial Brief

Rohini Kurup
Monday, February 8, 2021, 12:36 PM

Former President Trump’s legal team filed a brief with the Senate on Feb. 8 outlining their defense a day before Trump’s second impeachment trial is set to begin.

Published by The Lawfare Institute
in Cooperation With
Brookings

Former President Trump’s legal team filed a brief with the Senate on Feb. 8 outlining Trump’s defense a day before the former president’s  second impeachment trial is set to begin. In their 78-page brief, Trump’s lawyers ask the Senate to dismiss the case against Trump, contending that the trial itself is unconstitutional because Trump is no longer president and accusing Democrats of engaging in “political theater.”

Trump’s lawyers argue that the former president bears no responsibility for the deadly attack on the Capitol on Jan. 6. They claim that in his speech to a crowd on the same day, he “did not direct anyone to commit unlawful actions.” They also claim that the Senate lacks jurisdiction to try Trump, calling the proceedings “nothing more or less than the trial of a private citizen by a legislative body.”

The brief can be found here and below:


Rohini Kurup is a J.D. candidate at the University of Virginia School of Law. Prior to law school, she worked as an associate editor of Lawfare and a research analyst at the Brookings Institution. She holds a bachelor’s degree from Bowdoin College.

Subscribe to Lawfare