The Political Insider

On the eve of Donald Trump’s impeachment trial, lawyers for the former President are demanding a dismissal, while a top Democrat admits the process could reasonably be argued as unconstitutional.

A memorandum filed by Trump’s legal team Monday calls for an “immediate dismissal” of what they define as Democrat “political theater.”

“The Article of Impeachment presented by the House is unconstitutional for a variety of reasons, any of which alone would be grounds for immediate dismissal,” they write.

“Taken together, they demonstrate conclusively that indulging House Democrats’ hunger for this political theater is a danger to our Republic[an] democracy and the rights that we hold dear.”

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The Impeachment of a Former President IS Unconstitutional

Meanwhile, Senator Chris Murphy (D-CT), during an interview with Fox News anchor Chris Wallace, admitted it is not “ridiculous” for his GOP colleagues to argue the impeachment is unconstitutional.

“I will admit that this is, of course, a matter of first impression. And so I don’t think the case that Senator Paul is making here is a ridiculous one,” Murphy said.

Senator Rand Paul forced a procedure two weeks ago that prompted 45 Republicans to vote that the impeachment trial is unconstitutional.

In an op-ed column, Paul (R-KY) also referred to the impeachment process against the former President as a “farce” and said it should be dismissed.

“The Constitution says two things about impeachment — it is a tool to remove the officeholder, and it must be presided over by the chief justice of the Supreme Court,” he wrote.

Neither of those criteria has been met by the House impeachment effort.

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Murphy Disagrees

While he does argue that Republicans could make a viable case, Senator Murphy disagrees that the impeachment is unconstitutional.

“I come to a different judgment … I think we have this responsibility,” he countered. “But I – listen, I admit that Senator Paul’s case is, you know, not from outer space.”

Paul, however, claims even Supreme Court Justice John Roberts recognized the impeachment trial as being troublesome.

“Justice Roberts said heck no, I’m not coming across the street because you’re not impeaching the president,” Paul said.

“This was a strong signal to all of us that this was going to be a partisan hearing with a Democrat in the chair, who’s already voted for impeachment.”

Paul went on to echo the sentiments of Trump’s lawyers regarding the impeachment trial, calling it a “partisan farce.”