The brief filed this week by President Trump’s legal team outlines how they plan to fight each of the two articles of impeachment passed by the House of Representatives.
President Trump’s defense:
Article I: Abuse of Power
– It’s a “made-up theory,” not an impeachable offense
– Trump’s hold on Ukrainian aid was justified by the Constitution’s rules on presidential power
– Trump was right to ask for Ukraine investigation into the Bidens and their possible conflicts of interest there. Joe Biden’s status as a presidential candidate does not “require the government to turn a blind eye to potential wrongdoing”
– Trump’s allegedly improper motive for the request is disproved by the transcript of his call to Ukrainian President Zelensky and testimony that he pressed Ukraine on its corruption problems as far back as 2017
– Charges of an improper motive are “speculation built on hearsay,” not first-hand testimony
Article II: Obstruction of Congress
– Asserting legal rights and privileges by contesting congressional subpoenas is not “obstruction”
– House subpoenas were illegal – issued before the vote to open an impeachment inquiry
– Department of Justice advised Trump to contest House subpoenas
– Top presidential advisers have “absolute immunity” from congressional testimony
– Trump was “defending the separation of powers” with his refusal to cooperate
Source: Trial memorandum



