Trump lawyers eye 'unconstitutional' case

Karen Freifeld
·1-min read

Donald Trump's lawyers will make "procedural objections" a focus during his US Senate impeachment case next week, including challenging the notion the former president can face trial after leaving office, one of his attorneys says.

Trump is charged with inciting an assault on the US Capitol in which five people died, including a police officer.

Attorney Bruce Castor Jr decried the US Senate proceeding due to begin on Tuesday as "unconstitutional," telling Reuters by phone: "We're trying to win a case on a bunch of procedural objections."

"This is 'Law School 101' stuff. This isn't advanced legal treatises in bound volumes that are used in the Supreme Court as references," Castor said.

It may well be enough to win the case in the 100-member Senate where Trump's fellow Republicans appear likely to deny rival Democrats the total 67 votes they need to convict Trump.

The Republicans say they do not have the authority to hold a trial for Trump since he left office on January 20.

On January 6, Trump exhorted a crowd of supporters to go to the Capitol, told them to "fight like hell" and repeated claims the November election was stolen from him.

The ensuing rampage interrupted the congressional certification of President Joe Biden's election victory and sent lawmakers into hiding.

Trump on Thursday rejected a request to testify at his impeachment proceeding.

The House members trying the case have yet to say whether they will call witnesses or how long the trial might run.