After refusing to testify at his Senate impeachment trial, Donald Trump has gone straight into a “constitutional jiu jitsu” trap set by Democrats who want to convict him, a legal analyst has warned.
Democrats, led by impeachment manager Jamie Ruskin, called on Mr. Trump on Thursday to appear as a witness in the Senate trial beginning on February 9, claiming he had an underutilization claim on the Capitol.
The request presented a challenge to the former president, who was not presented to testify as expected. His lawyers called the request a “public relations stunt”.
Mr. Trump, through advisor Jason Miller, responded to the request, calling the process “unconstitutional”.
With Democrats already pointing to Mr Trump’s culpability, MSNBC legal analyst Danny Cavallos compared a request made by Mr Ruskin as a “constitutional jiu jitsu” trap, with the former president calling a future criminal trial be exposed.
“Jamie Ruskin is making very good use of constitutional jujitsu here,” said Cavallos on Saturday morning. “He did not issue a subpoena, he just requested or invited him to testify and President Trump refused.”
He Said Senate means negative findings from defendant’s silence, [that] Permission is granted, “which would set an example for any future criminal prosecution against Trump.
Following Mr. Kevalos’ remarks, an independent reporter, Marcy Wheeler, argued that Mr. Trump’s refusal to participate would be the safest route for the former president before the Senate, but he could later face criminal prosecution.
“House [will] Trump’s entire claim to offer any factual response is wrong, as it is, “wrote Ms. Wheeler, who warned that using the Fifth Amendment – which allows people not to testify against themselves – Mr. Trump “accepting his First Amendment speech could expose him criminally”.
Ms. Wheeler pointed to attorneys for Mr. Trump’s impeachment, who revealed on Tuesday that they would claim the former president “threatened the democratic system.” [or] The post-2020 election intervened with a peaceful change of power.
However, Mr. Trump claimed that the presidential election was “stolen” or “rigged”, and who would have avoided accepting Joe Biden as presidential election following an attack on Congress on January 6 by those supporting such claims. Were.
Senators who split 50–50 between Republicans and Democrats are not expected to indict the former president, as 45 Republicans recently voted to completely dismiss the test.
Democrats believe a test is necessary to provide a measure of accountability for the attack, while aiming to hold a separate vote to disqualify him from seeking office again.
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