USA TODAY International Edition
Dems want Donald Trump to testify under oath
Dems want to question him during Senate trial
The former president’s lawyers call it a “stunt” but don’t explicitly rule out him testifying at his impeachment trial.
WASHINGTON – Former President Donald Trump said Thursday he will not testify in the Senate impeachment trial, denying a request from Democratic prosecutors who want him to answer questions under oath.
Rep. Jamie Raskin, D- Md., a former constitutional law professor leading the Democrats’ case, wrote a letter to Trump saying his response to the article of impeachment earlier this week had “denied many factual allegations,” and therefore Democrats requested he testify as early as next Monday and no later than next Thursday.
“If you decline this invitation, we reserve any and all rights, including the right to establish at trial that your refusal to testify supports a strong adverse inference regarding your actions ( and inaction) on January 6, 2021,” Raskin wrote, referring to the Capitol riots last month.
Trump’s attorneys responded to the request by blasting it as a “public relations stunt.” In a letter to Raskin and House prosecutors, Bruce Castor Jr. and David Schoen argued that needing testimony from the former president shows Democrats “cannot prove your allegations against the 45th President of the United States, who is now a private citizen.”
“The use of our Constitution to bring a purported impeachment proceeding is much too serious to try to play these games,” the attorneys wrote.
Ali Pardo, a spokeswoman for Trump, clarified to USA TODAY the former president had no intention of going under oath as part of the trial.
“The President will not testify in an unconstitutional proceeding,” she said.
Democrats want to ask Trump questions about arguments his lawyers made in a pretrial brief unveiled Tuesday. His attorneys, in a 14- page filing, argued Trump’s baseless claims of election fraud, which Democrats alleged incited the riot, were protected free speech and denied he played any part in inciting the attack, which left multiple people dead. If Trump testifies, the Democratic impeachment managers would likely press him on the arguments in the brief and question whether his remarks had no relation to the riot.
Democrats in the House impeached Trump in January for inciting the Jan. 6 riot at the Capitol. The Senate begins oral arguments Tuesday.
The Senate has not yet decided whether it will call witnesses or adopted rules for the trial. The Senate, when it was led by Republicans rather than Democrats, voted not to call witnesses at Trump’s first trial last year.
If witnesses are called, the House Democratic lawmakers prosecuting the case, Trump’s defense team and senators could each ask questions. If a witness resists a subpoena, the Senate could vote to subpoena testimony. Congress typically authorizes its counsel to ask federal courts to enforce subpoenas, but those decisions can take months or years to resolve. Trump’s Justice Department fought numerous subpoenas for witnesses and documents during the investigation of his first impeachment over his dealings with Ukraine.
Some senators have expressed reluctance about calling witnesses because doing so could prolong the trial.
Sen. Roy Blunt, R- Mo., a member of Senate Republican leadership, told reporters on Tuesday a trial could “stretch into March or April” if witnesses are called. “Neither side is eager to stretch this out for weeks but that’s what will happen if you start calling witnesses,” Blunt said.