Donald Trump's lawyers blast 2nd impeachment case

Lawyers for Donald Trump on Monday blasted the impeachment case against him as an act of “political theater” as they accused House Democrats of exploiting the chaos and trauma of last month’s riot at the U.S. Capitol for their party's gain. In a brief filed on the eve of the impeachment trial, lawyers for the former president leveled a wide-ranging attack on the case, foreshadowing the claims they intend to present when arguments begin Tuesday on the same Senate floor that was invaded by rioters on Jan. 6.

They suggest that Trump was simply exercising his First Amendment rights when he disputed the election results and argue that he explicitly encouraged his supporters to have a peaceful protest and therefore cannot be responsible for the actions of the rioters. They say the Senate is not entitled to try Trump now that he has left office, an argument contested by even some conservative legal scholars, and they deny that the goal of the case is justice.

“Instead, this was only ever a selfish attempt by Democratic leadership in the House to prey upon the feelings of horror and confusion that fell upon all Americans across the entire political spectrum upon seeing the destruction at the Capitol on Jan. 6 by a few hundred people,” the lawyers wrote in a brief obtained by The Associated Press.

Instead of acting to heal the nation, or at the very least focusing on prosecuting the lawbreakers who stormed the Capitol, the Speaker of the House and her allies have tried to callously harness the chaos of the moment for their own political gain, they added.

The trial will begin in earnest Tuesday with a debate and vote on whether it's even constitutional to prosecute the former president, an argument that could resonate with Republicans keen on voting to acquit Trump without being seen as condoning his behavior.Under a draft agreement between Senate Majority Leader Chuck Schumer and Senate Republican Leader Mitch McConnell, the proceedings will break Friday evening for the Jewish Sabbath at the request of Trump's defense team and resume on Sunday. There will likely be no witnesses, and the former president has declined a request to testify.

Trump's second impeachment trial  is opening with a sense of urgency - by Democrats who want to hold him accountable for the violent Capitol siege and Republicans who want it over as quickly as possible.

The proceedings are expected to diverge from the lengthy, complicated trial that resulted in Trump's acquittal a year ago on charges that he privately pressured Ukraine to dig up dirt on a Democratic rival, Joe Biden, now the president.

This time, Trump's rally cry to “fight like hell” and the storming of the Capitol played out for the world to see. Trump very well could be acquitted again, and the trial could be over in half the time.

Opening arguments would begin Wednesday at noon, with up to 16 hours per side for presentations.

Trump is the first president to be twice impeached, and the only one to face trial after leaving the White House.

The Democratic-led House approved a sole charge, “incitement of insurrection,” acting swiftly one week after the riot, the most violent attack on Congress in more than 200 years. Five people died including a woman shot by police inside the building and a police officer who died of injuries the next day.