Former President Donald Trump has broken his silence regarding the Capitol riot that rocked DC on January 6 via his attorneys.
The legal team of the former president has argued that Trump was exercising his free speech rights and is not responsible for the actions of those who rioted, The Daily Mail reported.
The attorneys argued that not only was his speech protected by that it is unconstitutional to proceed with a Senate impeachment trial for a former president.
“It is denied that the quoted provision currently applies to the 45th President of the United States since he is no longer ‘President,” attorney Bruce Castor, said in the filing.
“The Senate of the United States lacks jurisdiction over the 45th President because he holds no public office from which he can be removed, and the Constitution limits the authority of the Senate in cases of impeachment to removal from office as the prerequisite active remedy allowed the Senate under our Constitution,” they said.
Constitutional scholars and divided on having a Senate impeachment trial for a former president with some saying that it is constitutional and others saying that it is not.