In 78-page memo, Donald Trump's lawyers lay out attack plan for impeachment trial


NEW YORK: When the historic second impeachment trial of Donald Trump kicks off at 1 pm om Tuesday, the former President’s lawyers will slam Democrats for their “outlandish” and “rushed” trial and accuse them of “cherry-picking” excerpts from an hourlong speech by Trump near the White House about an hour before the first pro-Trump rioters stormed the majestic US Capitol building on January 6.
In a 78-page memo, Donald Trump’s lawyers have outlined the broad brushstrokes of their legal strategy. They plan to argue that Trump’s “If you don’t fight like hell, you’re not going to have a country anymore” statement is being used out of context and that Democrats can’t have it “both ways” – where they acknowledge that the law enforcement agencies knew of the potential for violence and that Trump incited it himself.
Below are highlights from the Trump legal team’s memo, in their own words:
“Mr. Trump’s comments echoed his sentiments expressed the day of the rally, as he repeatedly urged protesters to stay peaceful, and told rioters to go home.”
“An insurrection – unlike a riot – is an organized movement acting for the express purpose to overthrow and take possession of a government’s powers. President Trump’s speech on January 6, 2021 was not an act encouraging an organized movement to overthrow the United States government.”
“Democrat members of the House Judiciary Committee publically admitted that they began drafting the Article of Impeachment moments after angry extremists breached the doors of the Capitol.”
“Media reports and reporters’ opinions are not facts and most assuredly are not facts that should form the basis for instituting the grave power of impeachment. More significantly, however, Mr. Trump was never charged in the Article of Impeachment with the claims made in these various reports.”
“According to investigative reports all released after January 6, 2021, “the Capitol Police, the NYPD and the FBI all had prior warning there was going to be an attack on the Capitola””
“…House Leadership simply cannot have it both ways. Either the President incited the riots, like the Article claims, or the riots were pre-planned by a small group of criminals who deserve punishment to the fullest extent of the law.”
“The real truth is that the people who criminally breached the Capitol did so of their own accord and for their own reasons and are being criminally prosecuted.”

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