Trump rejects request to testify in senate trial

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    Donald Trump’s legal team rejected a request on Thursday, 4 February, for the ex-president to testify at his Senate impeachment trial.

    David Schoen, a former republican prosecutor in Pennsylvania who serves as Trump’s lead defence lawyer, wrote in a letter to the house impeachment managers that their request for sworn testimony from the ex-president proves his claim that the trial is unconstitutional.

    Schoen’s comments came hours after the house democrat leading the impeachment drive formally requested that Trump testify under oath on his own behalf at his upcoming trial in the senate, and warned that a refusal to do so could be used against him.

    Rep. Jamie Raskin, D-Md, sent a letter to Trump asking that the former president testifies concerning his conduct on January 6, riot.

    Raskin, a former professor of constitutional law at American University, added that Trump’s testimony would be subject to cross-examination.

    Castor and David Schoen, another attorney for the president, responded to Raskin in a three-paragraph letter calling the trial a ‘purported impeachment proceeding’ and saying that it only confirms what is known to everyone.

    ”you cannot prove your allegations against the 45th President of the United States, who is now a private citizen.

    The impeachment trial is scheduled to start on Tuesday, 9 February. Raskin wrote that Trump, who moved to Florida after departing the white house, could testify between Monday and Thursday.

    Raskin’s letter cited arguments that Castor and Schoen put forward on Tuesday denying the house’s charges that Trump incited the mob of his supporters that stormed the Capitol last month, threatening lawmakers.

    “Two days ago, you filed an answer in which you denied many factual allegations set forth in the article of impeachment, You have thus attempted to put critical facts at issue notwithstanding the clear and overwhelming evidence of your constitutional offence, Raskin wrote. 

    Castor and Schoen wrote in their brief: “It is denied that President Trump incited the crowd to engage in destructive behaviour and It is denied that President Trump intended to interfere with the counting of electoral votes.

    The house of representatives impeached Trump last month by a vote of 232-197, with every democrat and 10 republicans backing the charge that he threatened the integrity of the democratic system, interfered with the peaceful transition of power, and imperilled a coequal branch of Government.

    Trump, the only US president to face two impeachment trials, is expected to be acquitted by the senate, which is divided evenly among democrats and republicans.

    Trump did not provide testimony during his first impeachment trial, which ended a year ago.

    Raskin called for Trump to respond to his letter by Friday at 5 p.m. ET and said that a rejection could be portrayed as a sign of guilt.

    “If you decline this invitation, we reserve any and all rights, including the right to establish at trial that your refusal to testify supports a strong adverse inference regarding your actions and inaction on January 6, 2021, Raskin wrote.

     

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