Edition · February 2, 2021

Trump’s defense goes full constitutional cosplay

The former president’s impeachment lawyers opened with a jurisdictional moonwalk, a free-speech shield, and a due-process complaint—none of which does much to change the central problem: the attack on the Capitol happened, and the public record keeps getting worse for Trump.

On February 2, 2021, Trump’s newly assembled impeachment defense filed its answer to the House article, arguing the Senate lacked jurisdiction, that the charge violated the First Amendment, and that the House rushed the case without enough process. The filing arrived as House managers were already calling Trump “singularly responsible” for the January 6 attack, setting up a trial fight that was as much about accountability as it was about legal theater.

Closing take

The defense’s best argument is procedural delay; its worst problem is the underlying fact pattern. Trump is no longer president, but the damage from January 6 is still working its way through the system—and this filing reads less like exoneration than a frantic effort to turn a political catastrophe into a technicality.

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Trump’s impeachment defense tries to dodge the merits on technicalities

★★★★☆Fuckup rating 4/5 Serious fuckup

Trump’s lawyers filed a response arguing the Senate had no jurisdiction over a former president, that the House rushed the case, and that Trump’s Jan. 6 speech was protected by the First Amendment. The filing effectively asks senators to look away from the riot and focus on procedure, which is usually what you say when the facts are ugly and the law is not your friend.

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