Trump Lawyer’s Demand Senate Impeachment Trial Be Dismissed, As Top Democrat Admits It’s Not Crazy To Argue It Is Unconstitutional

On the eve of Donald Trump’s impeachment trial, lawyers for the former President are demanding a dismissal, while a top Democrat admits the process could reasonably be argued as unconstitutional.

A memorandum filed by Trump’s legal team Monday calls for an “immediate dismissal” of what they define as Democrat “political theater.”

“The Article of Impeachment presented by the House is unconstitutional for a variety of reasons, any of which alone would be grounds for immediate dismissal,” they write.

“Taken together, they demonstrate conclusively that indulging House Democrats’ hunger for this political theater is a danger to our Republic[an] democracy and the rights that we hold dear.”

Former Pres. Trump’s lawyers lambasted the impeachment proceedings brought by the Democratic-led House in a new filing one day before his trial.

They accuse Democrats of attempting to “silence a political opponent” and urge senators to dismiss the article https://t.co/OaKcBYZcvw

— CBS Evening News (@CBSEveningNews) February 8, 2021

RELATED: CNN’s Jake Tapper Called Out For Claiming Republicans Must Stop ‘Insane Lies’ That Have Led To ‘MAGA Terrorism’

The Impeachment of a Former President IS Unconstitutional

Meanwhile, Senator Chris Murphy (D-CT), during an interview with Fox News anchor Chris Wallace, admitted it is not “ridiculous” for his GOP colleagues to argue the impeachment is unconstitutional.

“I will admit that this is, of course, a matter of first impression. And so I don’t think the case that Senator Paul is making here is a ridiculous one,” Murphy said.

Senator Rand Paul forced a procedure two weeks ago that prompted 45 Republicans to vote that the impeachment trial is unconstitutional.

In an op-ed column, Paul (R-KY) also referred to the impeachment process against the former President as a “farce” and said it should be dismissed.

“The Constitution says two things about impeachment — it is a tool to remove the officeholder, and it must be presided over by the chief justice of the Supreme Court,” he wrote.

Neither of those criteria has been met by the House impeachment effort.

Powerful. Can’t wait for the full trial! pic.twitter.com/JgbdcwdejX

— Mike Cernovich (@Cernovich) January 26, 2021

RELATED: Dead On Arrival: 45 Republicans – Including McConnell – Vote That Trump’s Impeachment Trial Is Unconstitutional

Murphy Disagrees

While he does argue that Republicans could make a viable case, Senator Murphy disagrees that the impeachment is unconstitutional.

“I come to a different judgment … I think we have this responsibility,” he countered. “But I – listen, I admit that Senator Paul’s case is, you know, not from outer space.”

Paul, however, claims even Supreme Court Justice John Roberts recognized the impeachment trial as being troublesome.

“Justice Roberts said heck no, I’m not coming across the street because you’re not impeaching the president,” Paul said.

“This was a strong signal to all of us that this was going to be a partisan hearing with a Democrat in the chair, who’s already voted for impeachment.”

“Sen. Rand Paul, R-Ky., described the looming impeachment trial of former President Donald Trump as a “partisan farce” and said that by Democrats’ logic, Senate Democratic Leader Chuck Schumer should face impeachment too.” https://t.co/YuNv0ko97p

— Trump War Room (@TrumpWarRoom) February 7, 2021

Paul went on to echo the sentiments of Trump’s lawyers regarding the impeachment trial, calling it a “partisan farce.”