Donald Trump’s lawyers claim impeachment case is a flimsy ‘perversion of the constitution’ on eve of trial

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American flags fly over the US Capitol, where the impeachment trial of President Donald Trump will resume on Tuesday.


President Donald Trump’s legal team has asserted that he did “absolutely nothing wrong,” calling the impeachment case against him flimsy and a “dangerous perversion of the constitution”.

Key points:

  • Mr Trump’s lawyers said abuse of power and obstruction of Congress don’t amount to impeachment offenses
  • The 110-page brief offered a detailed glimpse of the lines of defence against Democratic efforts to convict the president
  • Opening arguments are expected within days following a debate over rules

The brief from Mr Trump’s lawyers, filed ahead of arguments expected later this week in the Senate impeachment trial, offered the most detailed glimpse of the lines of defence they intend to use against Democratic efforts to convict the President and oust him from office over his dealings with Ukraine. 

It is meant as a counter to a brief filed two days ago by House Democrats that summarised weeks of testimony from more than a dozen witnesses in laying out the impeachment case.

The 110-page filing from the White House shifted the tone toward a more legal response, but still hinged on Mr Trump’s assertion he did nothing wrong and did not commit a crime — even though impeachment does not depend on a material violation of law but rather on the more vague definition of “other high crimes and misdemeanours” as established in the constitution.

A man touches his ear, a gesture to imply he is listening.

It says the two articles of impeachment brought against the President — abuse of power and obstruction of Congress — do not amount to impeachment offenses.

It asserts that the impeachment inquiry centred on Mr Trump’s request that Ukraine’s President open an investigation into Democratic rival Joe Biden was never about finding the truth.

“Instead, House Democrats were determined from the outset to find some way — any way — to corrupt the extraordinary power of impeachment for use as a political tool to overturn the result of the 2016 election and to interfere in the 2020 election,” Mr Trump’s legal team wrote. 

“All of that is a dangerous perversion of the constitution that the Senate should swiftly and roundly condemn.”

The prosecution team of House managers was expected to spend another day on Capitol Hill preparing for the trial, which will be under heavy security.

Ahead of the filing, House prosecutors arrived on Capitol Hill to tour the Senate chamber.

Opening arguments are expected within days following a debate over rules.

House of Representatives

The White House brief argues that the articles of impeachment passed by the House are “structurally deficient” because they charge multiple acts, creating “a menu of options” as possible grounds for conviction.

The Trump team claims the constitution requires that senators agree “on the specific basis for conviction” and there is no way to ensure the senators agree on which acts are worthy of removal.

The road to impeachment started with a phone call

The road to impeachment started with a phone call

Whether or not Donald Trump keeps his office might come down to what transpired in a phone call.

Senior administration officials argued that similar imprecision in the articles applied to the multi-part article of impeachment for perjury in the Bill Clinton impeachment trial.

They accused Democrats of diluting the standards for impeachment, an argument that echoed the case made by one of Mr Trump’s attorneys, Alan Dershowitz, who contended on a series of talk shows that impeachable offenses must be “criminal-like conduct”.

That assertion has been rejected by scholars, and Representative Adam Schiff, the Democratic chairman of the House Intelligence Committee, called it an “absurdist position”.