Washington — The House Democrats who will present the case against former President Donald Trump in hisare requesting the former president testify under oath during proceedings next week.
Congressman Jamie Raskin, a Democrat from Maryland who is the lead impeachment manager, sent a letter to Mr. Trump and his lawyers Thursday asking him to answer questions about his conduct on January 6, when a mob of his supporters stormed the U.S. Capitol building.
Raskin suggested Mr. Trump provide his testimony, which would include cross-examination, as early as Monday, February 8, and no later than Thursday, February 11.
“Presidents Gerald Ford and Bill Clinton both provided testimony while in office — and the Supreme Court held just last year that you were not immune from legal process while serving as president — so there is no doubt that you can testify in these proceedings,” Raskin wrote. “Indeed, whereas a sitting president might raise concerns about distraction from their official duties, that concern is obviously inapplicable here. We therefore anticipate your availability to testify.”
Raskin said that if Mr. Trump declines to testify, the House impeachment managers “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 your inaction) on January 6, 2021.”
The Senate is set to convene as a court of impeachment February 9 to hear the case against Mr. Trump. The House approved a single of article of impeachment charging him with incitement of insurrection last month.
In a response to the article filed this week, Mr. Trump’s lawyers argued the president was exercising his First Amendment rights when he urged his supporters to “fight like hell” during a rally before the assault on the Capitol. They also argue the impeachment trial is unconstitutional, as the Senate cannot try a president who is no longer in office.
Raskin said the president’s answer to the article “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.”
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