Democratic impeachment managers ask Trump to testify under oath

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Trump lawyers making First Amendment case ahead of impeachment trial

FOX News congressional correspondent Chad Pergram has the details from Capitol Hill on 'Special Report'

House impeachment managers are requesting that former President Trump testify under oath at his trial before the Senate next week. 

Lead impeachment manager Rep. Jamie Raskin, D-Md., sent a letter to the former president requesting he testify about his actions in the lead-up to the Jan. 6 Capitol riot either before or during the Senate impeachment trial. 

"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 continued. Trump is invited to respond by Friday at 5 p.m. 

TRUMP LEGAL TEAM ARGUES IMPEACHMENT ARTICLE IS IN 'VIOLATION' OF CONSTITUTION

The House voted Jan. 13 to impeach Trump 232 to 197, with 10 Republicans joining all Democrats. The Senate impeachment trial will begin Feb. 9. 

Raskin said in a statement that Trump’s legal team had denied "incontrovertible facts" about Trump’s conduct leading up to when pro-Trump rioters breached the Capitol. 

Raskin wrote that impeachment managers would prefer the president provide testimony with cross-examination sometime between Monday, Feb. 8 and Thursday, Feb. 11.

"Two days ago, you filed an Answer in which you denied many factual allegations set forth in the article of impeachment. You have thus attempted to put critical facts at issue notwithstanding the clear and overwhelming evidence of your constitutional offense," Raskin wrote. 

TRUMP IMPEACHMENT MANAGERS FILE PRE-TRIAL BRIEF AGAINST FORMER PRESIDENT: 'EVIDENCE IS OVERWHELMING'

The answer denies that Trump violated his oath of office while also saying that he was protected by the First Amendment in response to claims he incited an insurrection.

Trump's legal team also argues that a Senate trial against him would be unconstitutional. 

"Donald John Trump, 45th President of the United States, respectfully requests the Honorable Members of the Senate of the United States dismiss Article I: Incitement of Insurrection against him as moot, and thus in violation of the Constitution, because the Senate lacks jurisdiction to remove from office a man who does not hold office," the pre-trial brief said.

Last week Sen. Rand Paul, R-Ky., raised a point of order, claiming that it is unconstitutional for the Senate to hold an impeachment trial of a former president. 

It was defeated by a 55-45 vote, with five Republicans joining all 50 Senate Democrats to pave the way for an impeachment trial to move forward. It would take 17 Republicans siding with all Democrats to convict the president with a two-thirds majority. 

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A brief from the Trump legal team had doubled down on the false claims that Trump won the election. 

Trump's previous legal team quit over his demand that they make an election fraud case, Fox News was told. Trump's new legal team of Bruce Castor Jr. and David Schoen were the only two lawyers signed onto the document that was submitted to the Senate on Tuesday. 

Fox News' Tyler Olson contributed to this report.