Trump Defense Urges Dismissal of “Absurd” Impeachment Trial

But in a preview of their prosecuting arguments, Democrats declared that Trump committed the "most grievous constitutional crime" in the 232-year history of the American presidency when he incited supporters to storm Congress on January 6.

The House of Representatives impeached Trump for a historic second time last month over his role in the deadly siege by his supporters, and his trial begins Tuesday with the Senate's 100 members sitting as jurors.

Trump, a deeply damaged political figure, nevertheless remains a powerful force in the Republican Party.

Charged with "incitement of insurrection," he is likely once again to avoid conviction due to loyal party support in the Senate, but his lawyers contended in their final pre-trial filing that the Constitution does not give the chamber jurisdiction to try a former president.

"The Senate should dismiss these charges and acquit the president because this is clearly not what the framers wanted or what the Constitution allows," his attorneys Bruce Castor, David Schoen and Michael T. van der Veen wrote.

"Indulging House Democrats hunger for this political theater is a danger to our Republic democracy and the rights that we hold dear."

The defense used blunt language in their 78-page brief, saying it was "simply absurd" to argue that Trump conjured up a mob to commit violent crime, and that those who attacked the Capitol did so on their own.

The lawyers were equally forceful in rejecting as "patently ridiculous" the trial of a former president, a private citizen who can’t be removed "from an office that he no longer holds."

President Joe Biden, who succeeded Trump on January 20, weighed on Monday, but declined to address whether Trump should be found guilty or denied the right to hold political office in the future.

"We'll let the Senate work that out," Biden said.

White House spokeswoman Jen Psaki later told reporters that Biden ran against Trump in 2020 "because he felt he was unfit for office."

"But he's going to leave it to the Senate to see this impeachment proceeding through," Psaki added.

The congressional Democrats prosecuting the trial, known as House impeachment managers, provided their final counterarguments Monday, pushing back against Trump's legal contentions.