As Law&Crime has repeatedly explained, impeachment is a not a legal process. It is a constitutional process that is entirely governed by political decision-making.
Congressional Democrats want former President Donald Trump to testify under oath due to his recent answers in response to their U.S. Senate impeachment trial brief filed earlier this week. And if he doesn’t testify, the prosecution intends to cite that would-be reluctance as evidence of the 45th president’s guilt. “As you are aware, the United States House of Representatives has approved an article of impeachment against you for incitement of insurrection” the letter from House Impeachment Manager Rep. Jamie Raskin (D-Md.) begins. “The Senate trial for this article of impeachment will begin on Tuesday, February 9, 2021.” “Two days ago, you filed an Answer in which you denied many factual allegations set forth in the article of impeachment,” Raskin continued. “You have thus attempted to put critical facts at issue notwithstanding the clear and overwhelming evidence of your constitutional offense. In light of your disputing these factual allegations, I write to invite you to provide testimony under oath, either before or during the Senate impeachment trial, concerning your conduct on January 6, 2021.” The Democratic letter goes on to reference prior testimony gathered from sitting presidents—as well as last year’s landmark Supreme Court decision which held that sitting presidents are subject to state criminal law. Of course, Trump is no longer a sitting president, so even the minor caveats contained in that high court ruling would not apply here.
