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Trump team, House managers trade sharp views on impeachment

Dueling filings preview arguments both sides intend to make in Senate trial

By ERIC TUCKER, ZEKE MILLER and LISA MASCARO, Associated Press
Published: January 18, 2020, 11:11pm

WASHINGTON — President Donald Trump’s legal team issued a fiery response Saturday ahead of opening arguments in his impeachment trial, while House Democrats laid out their case in forceful fashion, saying the president betrayed public trust with behavior that was the “worst nightmare” of the founding fathers.

The dueling filings previewed arguments both sides intend to make once Trump’s impeachment trial begins in earnest Tuesday in the Senate. Their challenge will be to make a case that appeals to the 100 senators who will render the verdict and for an American public bracing for a presidential election in 10 months.

“President Donald J. Trump used his official powers to pressure a foreign government to interfere in a United States election for his personal political gain,” the House prosecutors wrote, “and then attempted to cover up his scheme by obstructing Congress’s investigation into his misconduct.”

Trump’s legal team, responding to the Senate’s official summons for the trial, said the president “categorically and unequivocally” denies the charges of abuse and obstruction against him.

“This is a brazen and unlawful attempt to overturn the results of the 2016 election and interfere with the 2020 election, now just months away,” the president’s filing states.

Stripped of legalese and structured in plain English, the documents underscored the extent to which the impeachment proceedings are a political rather than conventional legal process.

They are the first of several filings expected in coming days as senators prepare to take their seats for the rare impeachment court.
Senators swore an oath to do “impartial justice”’ as the chamber convenes to consider the two articles of impeachment approved by the House last month as

Trump’s presidency and legacy hangs in balance.

One Republican whose votes are closely watched, Sen. Lisa Murkowski of Alaska, acknowledged the political pressure on them.

“I’m going to take my constitutional obligations very, very seriously,” she told reporters from Anchorage on a call Saturday.

The House’s 111-page brief outlined the prosecutors’ narrative, starting from Trump’s phone call with Ukraine and relying on the private and public testimony of a dozen witnesses — ambassadors and national security officials at high levels of government — who raised concerns about the president’s actions.

The House managers wrote: “The only remaining question is whether the members of the Senate will accept and carry out the responsibility placed on them by the Framers of our Constitution and their constitutional Oaths.”

The Trump team called the articles of impeachment “a dangerous attack on the right of the American people to freely choose their president.” His team encouraged lawmakers to reject “poisonous partisanship” and “vindicate the will of the American people” by rejecting both articles of impeachment approved by the House.

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The Senate is still debating the ground rules of the trial, particularly the question of whether there will be new witnesses as fresh evidence emerges over Trump’s Ukraine actions that led to impeachment.

New information from Lev Parnas, an indicted associate of Trump lawyer Rudy Giuliani, is being incorporated in the House case. At the same time, Senate Democrats want to call John Bolton, the former national security adviser, among other potential eyewitnesses, after the White House blocked officials from appearing in the House.

With Republicans controlling the Senate 53-47, they can set the trial rules — or any four Republicans could join with Democrats to change course. Murkowski said she wants to hear both sides of the case before deciding whether to call for new witnesses and testimony.

“I don’t know what more we need until I’ve been given the base case,” she said.

The House’s impeachment managers are working through the weekend and will be at the Capitol midday Sunday to prep the case.

Trump’s answer to the summons was the first salvo in what will be several rounds of opening arguments. Trump will file a more detailed legal brief on Monday, and the House will be able to respond to the Trump filing on Tuesday.

Trump’s team led by White House counsel Pat Cipollone and Trump personal lawyer Jay Sekulow, is challenging the impeachment on both procedural and constitutional grounds, claiming Trump has been mistreated by House Democrats and that he did nothing wrong.

The filings came a day after Trump finalized his legal team, adding Ken Starr, the former independent counsel whose investigation into President Bill Clinton led to his impeachment, and Alan Dershowitz, a Harvard law professor emeritus who intends to make constitutional arguments.

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