That’s not how this works, that’s not how any of this works.
Courtesy of New York Magazine:
In response to a detailed 111-page brief outlining the House of Representatives’ case for impeachment, President Trump’s legal time filed a six-page response. It is notable primarily for advancing an audacious and highly dangerous constitutional claim: that a president cannot be impeached for any abuse of power.
This argument been been floating around Republican circles for weeks, and received the endorsements of such luminaries as Matt Whitaker and Alan Dershowitz. But two previous letters by Trump denouncing impeachment — while deranged, incoherent, and dripping with monarchial impunity — have not gone so far as to advance this novel argument.
According to its reasoning, a president can only be impeached for a literal criminal violation, the kind of crime for which you or I could be hauled off to the police station. He cannot be impeached for abusing his power. The first article of impeachment “fails on its face to state an impeachable offense,” his lawyers write. “It alleges no crimes at all, let alone high Crimes and Misdemeanors, as required by the Constitution. In fact, it alleges no violation of law whatsoever.” Trump’s lawyers do deny the facts laid out in the indictment, but they argue that even if Trump was guilty of every action of which he was charged, he cannot be impeached for it.
So they are not even bothering to argue that Trump did not do the things he is accused of doing, they are simply saying “so what if he did?”
First off nowhere in the Constitution does it say that the president has to have broken a law to be impeached.
Secondly according to the Government Accountability Office Trump DID break the law by witholding that aid to Ukraine.
I think this argument is exceptionally thin, and seems like Hail Mary pass from a legal team they realizes they have nothing to work with to defend their client.
And none of it really makes any difference because we know that the Senate will never remove him from office, but that he will still go down in the history books as only the third American president to have ever been impeached.