Trump team files response to impeachment article, argues contrary to Constitution

Lawyers say article runs "contrary to the plain language of the Constitution."

Published: February 2, 2021 1:48pm

Updated: February 2, 2021 8:14pm

The legal team for former President Trump on Tuesday filed its response to the House's article of impeachment ahead of next week's scheduled Senate trial, in which attorney's denying wrongdoing and calling for the Senate to acquit Trump of the charge.

The constitutional provision requires that a person actually hold office to be impeached. Since the 45th President is no longer 'President,' the clause 'shall be removed from Office on Impeachment for…' is impossible for the Senate to accomplish, and thus the current proceeding before the Senate is void ... as a legal nullity that runs patently contrary to the plain language of the Constitution," the lawyers wrote in a 14-page response.

The answer also denies that Trump violated his oath of office and that he is protected by the First Amendment.

See the response here:

The Democrat-controlled House after the Jan. 6 breach of the U.S. Capitol impeached Trump on one article – related to inciting an insurrection.