https://pjmedia.com/news-and-politics/tyler-o-neil/2021/02/02/trump-lawyers-claim-impeachment-is-a-legal-nullity-n1422577
On Tuesday, former President Donald Trump’s lawyers Bruce L. Castor, Jr., and David Schoen released Trump’s answer to the Democrats’ article of impeachment accusing him of “incitement of insurrection.” Trump’s response breaks the Democrats’ impeachment article into eight separate allegations and responds to each claim. In a nutshell, the former president argues that it is unconstitutional for the Senate to remove a president when he has already left office and that he is innocent of the Democrats’ charges.
Trump asks the Senate to “dismiss Article I: Incitement of Insurrection against him as moot, and thus in violation of the Constitution, because the Senate lacks jurisdiction to remove from office a man who does not hold office. In the alternative, the 45th President respectfully requests the Senate acquit him on the merits of the allegations raised in the article of impeachment.”
The Senate already voted to take up the impeachment, with five Republican senators joining 50 Democratic senators in holding the matter constitutional. However, 45 Republican senators voted not to hold the trial, given constitutional concerns. This vote signified that the Senate is not likely to convict Trump.
The former president makes a few extremely salient arguments against the Democrats’ impeachment article. In addition to the claim that the Senate cannot convict a former president on impeachment, Trump argues that the Democrats violated his free speech and due process rights in rushing to impeach him and that the article of impeachment is deceptively drafted in an unfair manner. Trump also claims that disqualifying him from office would constitute a “bill of attainder,” which has been broadly interpreted to mean a legislative act against a class of people that inflcits punishment on them without a judicial trial.