Two days ago you tabled a response denying many of the impeachment allegations. You have therefore tried to question critical facts despite the clear and overwhelming evidence of your constitutional offense. In light of your examination of these allegations of fact, I am writing to invite you to testify under oath. …
If you decline this invitation, we reserve all rights, including the right to determine in court that your refusal to testify had a major negative impact on your actions (and inaction) on January 6, 2021.
– Former constitutional law professor Jamie Raskin (D-MD), who led the Democrats’ case, issued a letter calling on former President Donald Trump to testify in the Senate before or during the impeachment process. Raskin included this microphone drop in his letter: “[T]The Supreme Court ruled just last year that you were not immune to trial while you were president. So there is no doubt that you can testify in this procedure. While a seated president might raise concerns about being distracted from his official duties, that concern is obviously not applicable here. We therefore assume that you can testify. “
Staci Zaretsky is Senior Editor at Above the Law, where she has been working since 2011. She would love to hear from you. Please send her an email with tips, questions, comments or criticism. You can follow her on Twitter or connect with her on LinkedIn.