On Monday, January 20, attorneys representing President Donald Trump during his impeachment trial submitted a legal brief voicing their reasons for objecting to the trial. The 109-page brief has been drawing a great deal of criticism from Trump’s opponents, who argue that the attorneys’ reasoning is badly flawed in multiple ways. And law professor Michael J. Gerhardt, analyzing the brief in an article published by Just Security on January 21, cites four fundamental “deficiencies that make it more of a political screed than a legal document deserving of respect and serious consideration by senators, the public, historians and constitutional scholars.”
Deficiency #1, according to Gerhardt, is the “table pounding” tone of the memo — which the law professor criticizes for being “replete with bluster” and using over-the-top rhetoric like “an affront to the Constitution” and “a political tool to overturn the result of the 2016 presidential election.”
“— I am being precise and literal with that choice of words — thrown by Republican members of the House Intelligence and Judiciary Committees,” observes Gerhardt, who teaches at the University of North Carolina. “The only thing this kind of rhetoric seemingly achieves is energizing the president’s base.” Continue reading.