First shots fired in Trump trial by fury

DONALD Trump should not be blamed for the actions of a “small group of criminals” involved in deadly riots at the Capitol last month after he urged them to “fight like hell” against his election loss, his lawyers argue.

In a 78-page brief submitted ahead of his second impeachment trial starting on Wednesday, the former president’s lawyers dismissed the “simply absurd” case against him as “political theatre” and said it was unconstitutional for the Senate to try a former president. They also said Democrats were guilty of stoking “fevered hatred” of Mr Trump, the first president to be impeached twice and the third who has ever faced the most serious political sanction in the US constitution.

But a final bid by his team to have the trial thrown out on the basis it was unconstitutional because he is a “private citizen” was rejected.

“The evidence of president Trump’s conduct is overwhelming. He has no valid excuse or defence for his actions. And his efforts to escape accountability are entirely unavailing,” House managers wrote in response to Mr Trump’s lawyers.

“His incitement of insurrection against the US government – which disrupted the peaceful transfer of power – is the most grievous constitutional crime ever committed by a president.”

The five-page House brief says Mr Trump can stand trial in the Senate for a crime he committed while in office.

“Presidents swear a sacred oath that binds them from their first day in office through to their very last,” the Democrats wrote.

They were responding after his lawyers said the trial was being driven by the continued vendetta against the former president.

The defence submission contends that Mr Trump’s speech just before the January 6 attack “did not direct anyone to commit unlawful actions”.

Five people died during the riot, which led to the House of Representatives impeaching Mr Trump for “incitement

of insurrection”.

But the trial is almost certain to fail in the Senate, where Democrats require support from 17 Republicans to find Mr Trump guilty.

The former president’s defence team has already said Mr Trump will not appear at the trial, which both sides of politics want to conclude as quickly as possible.

The trial is expected to last no more than a week. Each side is given 16 hours to present their case, and a vote will also be permitted on whether to allow witnesses.