Democrats’ Impeachment Brief Tries to Cure Defect in Case against Trump

The allegation of dereliction of duty is a significant part of their theory that the former president’s actions merit conviction and disqualification.

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House Speaker Nancy Pelosi (D-CA) signs the article of impeachment against President Donald Trump in an engrossment ceremony at the U.S. Capitol in Washington, D.C., January 13, 2021.

Leah Millis/Reuters

The House impeachment managers, led by Representative Jamie Raskin (D., Md.) have filed their brief in anticipation of the Senate impeachment trial of former president Donald Trump, which will begin in earnest next week.

The submission is mostly what you would expect. It contends that the former president is singularly responsible for the siege of the Capitol, which he is said to have incited by his fiery speech on the Ellipse. It also directly confronts the major legal defense in the case — namely, the claim that the trial of a former president violates the Constitution — countering that sanctions against former officials were understood to be part of the impeachment power at the time of ratification.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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