January 18, 2020 – Donald Trump ’s Answer filed in the Senate Proceedings today by his legal team – My Rebuttal

"THE HONORABLE DONALD J. TRUMP, PRESIDENT OF THE UNITED

STATES, HEREBY RESPONDS:

The Articles of Impeachment submitted by House Democrats are a dangerous attack on the right of the American people to freely choose their President. This is a brazen and unlawful attempt to overturn the results of the 2016 election and interfere with the 2020 election - now just months away.  

WRONG!  IMPEACHMENT IS A LAWFUL PROCESS. I HAVE TRIED TO EXPLAIN THIS TO DONALD TRUMP AND GOP THREE (3) TIMES:  

https://limbaugh2020.com/october-8-2019-it-is-on-like-donkey-kong-now-white-house-sent-the-house-a-letter-madison-and-montesquieu-are-not-
pleased/

https://limbaugh2020.com/i-grade-a-paper-a-co-founder-of-the-federalist-society-and-northwestern-law-professors-paper/

https://limbaugh2020.com/december-1-2019-trumps-lawyer-writes-another-letter-i-respond-again/

The highly partisan and reckless obsession with impeaching the President began the day he was inaugurated and continues to this day.

The Articles of Impeachment are constitutionally invalid on their face. They fail to allege any crime or violation of law whatsoever, let alone "high Crimes and Misdemeanors", as required by the Constitution. They are the result of a lawless process that violated basic due process and fundamental fairness. Nothing in these Articles could permit even beginning to consider removing a duly elected President or warrant nullifying an election and subverting the will of the American people. 

NONE OF THIS IS TRUE! THE PHRASE "DUE PROCESS" DOES NOT OCCUR IN US CONSTITUTION RULES FOR IMPEACHMENT OR IN HOUSE OR SENATE'S IMPEACHMENT RULES. ALL OF THAT IS EXPLAINED IN:

https://limbaugh2020.com/october-8-2019-it-is-on-like-donkey-kong-now-white-house-sent-the-house-a-letter-madison-and-montesquieu-are-not-
pleased/

https://limbaugh2020.com/i-grade-a-paper-a-co-founder-of-the-federalist-society-and-northwestern-law-professors-paper/

https://limbaugh2020.com/december-1-2019-trumps-lawyer-writes-another-letter-i-respond-again/

The Articles of Impeachment now before the Senate are an affront to the Constitution of the United States, our democratic institutions, and the American people. The Articles themselves - and the rigged process that brought them here - are a transparently political act by House Democrats. They debase the grave power of impeachment and the solemn responsibility that power entails. They must be rejected. The House process violated every precedent and every principle of fairness governing impeachment inquiries for more than 150 years. Even so, all that House Democrats have succeeded in proving is that the President did absolutely nothing wrong.

AGAIN, NONE OF THIS IS TRUE. NOTHING WAS RIGGED. GOP HOUSE MEMBERS WERE INVOLVED IN THE PROCESS. NOTHING THE HOUSE DID VIOLATED ANY PRECEDENT. IF THE PRESIDENT DID ABSOLUTELY NOTHING WRONG, WHY WERE SUBPOENAED WITNESSES AND DOCUMENTATION BLOCKED FROM THE HOUSE INVESTIGATION?

https://limbaugh2020.com/how-to-win-an-argument-with-maga-impeachment/

https://limbaugh2020.com/january-16-2020-a-date-that-will-be-written-perpetually-in-primary-sources-trump-impeachment-trial-begins/

https://limbaugh2020.com/montesquieu-and-madison-are-asking-why-did-we-bother-thanks-to-mitch-mcconnell-scotus-and-the-gop/

https://limbaugh2020.com/january-3-2020-senator-mcconnell-speaks-about-air-strike-and-impeachment-impasse/

President Trump categorically and unequivocally denies each and every allegation in both Articles of Impeachment. The President reserves all rights and all available defenses to the Articles of Impeachment. For the reasons set forth in this Answer and in the forthcoming Trial Brief, the Senate must reject the Articles of Impeachment.

IS PRESIDENT TRUMP WILLING TO DENY EACH AND EVERY ALLEGATION UNDER OATH? LIVE? WITH CROSS-EXAMINATION? HE NEVER HAS DONE THAT FOR SOME REASON?

I. THE FIRST ARTICLE OF IMPEACHMENT MUST BE REJECTED

The first Article fails on its face to state an impeachable offense. 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. House Democrats abuse of power? claim would do lasting damage to the separation of powers under the Constitution.

High Crimes and Misdemeanors "The impeachment process is political in nature, not criminal. Congress has no power to impose criminal penalties on impeached officials. But criminal courts may try and punish officials if they have committed crimes." 

The first Article also fails on the facts, because President Trump has not in any way "abused the powers of the Presidency."

HOW WAS THIS TYPED WITH A STRAIGHT FACE?   The GAO’s Report  "The Government Accountability Office issued a short report yesterday concluding that the administration had broken the law in freezing aid to Ukraine last summer."  "The bad news is that it’s underinclusive too: A president can abuse his power in a way that warrants impeachment even if he is following the letter of the law. In this case, we have an abuse of power that also appears to have broken the law."

At all times, the President has faithfully and effectively executed the
duties of his Office on behalf of the American people. The President's actions on the July 25, 2019, telephone call with President of Ukraine (the "July 25 call"), as well as on the earlier April 21, 2019, telephone call (the "April 21 call"), and in all surrounding and related events,
were constitutional, perfectly legal, completely appropriate, and taken in furtherance of our national interest.

IF ONLY WE HAD THE TRANSCRIPTS INSTEAD OF A MEMO?

https://limbaugh2020.com/you-can-not-believe-any-transcript-out-of-trumps-white-house/

White House official ordered aid to Ukraine be withheld 91 minutes after Trump call with Ukraine president, documents show

What America Learned in 28 Days "President Trump personally directed the scheme to gather Ukrainian dirt on Joe Biden." "President Trump personally ordered the hold on the Ukraine aid, even though top White House officials disagreed over the wisdom and legality of that move."  "The president broke the law by withholding the aid."

https://limbaugh2020.com/attacking-the-whistleblower-is-wrong-and-dangerous/

President Trump raised the important issue of burden sharing on the July 25 call, noting that other European countries such as Germany were not carrying their fair share. President Trump also raised the important issue of Ukrainian corruption. President Zelensky acknowledged these concerns on that same call.  ZELENSKY IS BETWEEN A ROCK AND A HARD PLACE. BEING HELD HOSTAGE BY TRUMP AND US AID.  LET ME REPEAT - WE HAVE NEVER SEEN THE TRANSCRIPT, WE WERE GIVEN A MEMO - IT SAYS MEMO!

https://www.documentcloud.org/documents/6429034-White-House-memo-on-Trump-call-with-Ukraine.html  "MEMORANDUM OF TELEPHONE CONVERSATION"

Despite House Democrats having run an entirely illegitimate and one-sided process, several simple facts were established that prove the President did nothing wrong: first, the transcripts of both the April 21 call and the July 25 call make absolutely clear that the President did nothing wrong.

IF WE ONLY HAD THE TRANSCRIPTS TO READ?

Second, President and other Ukrainian officials have repeatedly confirmed that the call was "good" and "normal", that there was no quid pro quo, and that no one pressured them on anything.

SONDLAND TESTIFIED THERE WAS A QUID PRO QUO. 

https://www.youtube.com/watch?v=eBh0oJFtV_c

Third, the two individuals who have stated for the record that they spoke to the President about the subject actually exonerate him. Ambassador to the European Union Gordon Sondland stated that when he asked the President what he wanted from Ukraine, the President said: want nothing. I want
nothing. I want no quid pro quo. 

Here’s the Proof that Trump’s “No Quid Pro Quo” Call Never Happened

Senator Ron Johnson reported that, when he asked the President
whether there was any connection between security assistance and investigations, the President responded: "No way. I would never do that."

YOU DO REALIZE DENYING YOU HAVE DONE SOMETHING IS NOT EXONERATION YOU DID NOT DO IT? WE KNOW DONALD TRUMP'S LONG AND WELL-DOCUMENTED TRACK RECORD OF LYING. TRUMP U RING A BELL?

What did Ron Johnson know about Trump’s intentions with Ukraine?

https://limbaugh2020.com/donald-trump-lies-a-lot/

House Democrats ignore these facts and instead rely entirely on assumptions, presumptions, and speculation from witnesses with no first-hand knowledge. Their accusations are founded exclusively on inherently unreliable hearsay that would never be accepted in any court in our country.

IF ONLY SUBPOENAED WITNESSES AND DOCUMENTATION WAS NOT BLOCKED FROM THE HOUSE BY DONALD TRUMP? 

Fourth, the bilateral presidential meeting took place in the ordinary course, and the security assistance was sent, all without the Ukrainian government announcing any investigations.

THE I MEANT TO ROB THE BANK BUT NO MONEY ENDED UP MISSING DEFENSE HAS NEVER WORKED. THE SECURITY ASSISTANCE WAS SENT, AFTER BREAKING THE LAW BY DELAYING IT, ONLY AFTER THE WHISTLEBLOWER NEWS CAME OUT.

https://limbaugh2020.com/who-had-ukraine-in-the-reason-trump-will-be-impeached-pool-i-didnt/

https://limbaugh2020.com/rudy-giuliani-vortex/

Not only does the evidence collected by House Democrats refute each and every one of the factual predicates underlying the first Article, the transcripts of the April 21 call and the July 25 call disprove what the Article alleges. When the House Democrats realized this, Mr. Schiff created a fraudulent version of the July 25 call and read it to the American people at a congressional hearing, without disclosing that he was simply making it all up. The fact that Mr. Schiff felt the need to fabricate a false version of the July 25 call proves that he and his colleagues knew there was absolutely nothing wrong with that call.

PARODY IS NOT FABRICATION - ESPECIALLY WHEN HE HAVE NEVER SEEN AN ACTUAL TRANSCRIPT.

House Democrats ran a fundamentally flawed and illegitimate process that denied the President every basic right, including the right to have counsel present, the right to cross examine witnesses, and the right to present evidence. Despite all this, the information House Democrats assembled actually disproves their claims against the President. The President acted at all times with full constitutional and legal authority and in our national interest. He continued his Administration's policy of

AGAIN, I HAVE EXPLAINED SEVERAL TIMES THAT THE HOUSE INVESTIGATES. THE BILL OF RIGHTS DOES NOT APPLY TO IMPEACHMENT. BILL OF RIGHTS IS BETWEEN OUR GOVERNMENT AND ITS PEOPLE. CHECKS AND BALANCES IS HOW EACH BRANCH MONITORS THE OTHER TWO. THE 4TH, 5TH AND 6TH AMENDMENTS DO NOT APPLY WHEN IT IS GOVERNMENT BRANCH VS BRANCH. 

 https://limbaugh2020.com/october-8-2019-it-is-on-like-donkey-kong-now-white-house-sent-the-house-a-letter-madison-and-montesquieu-are-not-
pleased/

https://limbaugh2020.com/i-grade-a-paper-a-co-founder-of-the-federalist-society-and-northwestern-law-professors-paper/

https://limbaugh2020.com/december-1-2019-trumps-lawyer-writes-another-letter-i-respond-again/

unprecedented support for Ukraine, including the delivery of lethal military aid that was denied to the Ukrainians by the prior administration.
The first Article is therefore constitutionally invalid, founded on falsehoods, and must be rejected.

NOTHING WAS FOUNDED ON FALSEHOODS. THERE WAS AMPLE EVIDENCE PROVIDED TO SUPPORT ARTICLE I. GIVING UKRAINE THE AID CONGRESS APPROPRIATED, LATE, PENDING ACTIONS REQUESTED BY THEM IN RETURN, WAS AN ABUSE OF POWER.

II. THE SECOND ARTICLE OF IMPEACHMENT MUST BE REJECTED

The second Article also fails on its face to state an impeachable offense. It does not allege any crime or violation of law whatsoever. To the contrary, the President's assertion of legitimate Executive Branch confidentiality interests grounded in the separation of powers cannot constitute obstruction of Congress.

YES, IT CAN BE AND WAS!

Furthermore, the notion that President Trump obstructed Congress is absurd. President Trump acted with extraordinary and unprecedented transparency by declassifying and releasing the transcript of the July 25 call that is at the heart of this matter.

AGAIN, THE TRANSCRIPT WAS NEVER RELEASED!  A MEMORANDUM WAS!

PRIMARY SOURCE: 

https://www.whitehouse.gov/wp-content/uploads/2019/09/Unclassified09.2019.pdf

"MEMORANDUM OF TELEPHONE CONVERSATION"

Following the President's disclosure of the July 25 call transcript, 

IT WAS NOT A TRANSCRIPT. REPEATING A LIE OVER AND OVER AGAIN JUST REPEATS THE LIE.

House Democrats issued a series of unconstitutional subpoenas for documents and testimony. 

THEY WERE CONSTITUTIONAL

They issued their subpoenas without a congressional vote and, therefore, without constitutional authority. 

2015? Dems blast House GOP subpoena rules change 

2019? Fox News analyst correct: Impeachment inquiry is following rules by questioning witnesses in private

We Wouldn’t Have Let Obama Get Away With This

They sought testimony from a number of the President's closest advisors despite the fact that, under longstanding, bipartisan practice of prior administrations of both political parties and similarly longstanding guidance from the Department of Justice, those advisors are absolutely immune from compelled testimony before Congress related to their official duties. And they sought testimony disclosing the Executive Branch's confidential communications and internal decision?making processes on matters of foreign relations and national security, despite the well?established constitutional privileges and immunities protecting such information. As the Supreme Court has recognized, the President's constitutional authority to

WATERGATE RING A BELL?

Inside the Supreme Court ruling that made Nixon turn over his Watergate tapes 

protect the confidentiality of Executive Branch information is at its apex in the ?eld of foreign relations and national security. House Democrats also barred the attendance of Executive Branch counsel at witness proceedings, thereby preventing the President from protecting important Executive Branch confidentiality interests.

HOW DO YOU LIE SO EASILY?  

Trump: Will 'strongly consider' Pelosi's offer that he testify in impeachment probe 

White House rejects House Judiciary's invitation to participate in impeachment hearings 

Notwithstanding these abuses, the Trump Administration replied appropriately to these subpoenas and identi?ed their constitutional defects. 

https://limbaugh2020.com/we-know-donald-trump-did-not-write-this-letter-to-nancy-pelosi-dont-we-it-is-so-bad-he-may-have/

https://limbaugh2020.com/december-1-2019-trumps-lawyer-writes-another-letter-i-respond-again/

Tellingly, House Democrats did not seek to enforce these constitutionally defective subpoenas in court.

THIS IS EXACTLY WHAT TRUMP WANTED - DELAY UNTIL AFTER 2020 ELECTION - JUST LIKE HE IS DELAYING RELEASE OF THIS TRAVEL AND GOLF EXPENSES!

Mnuchin seeks to delay proposed Secret Service report on Trump family travel costs until after the 2020 election

To the contrary, when one subpoena recipient sought a declaratory judgment as to the validity of the subpoena he had received, House Democrats quickly withdrew the subpoena to prevent the court from issuing a ruling.

House withdraws subpoena for top Bolton aide  “The House’s impeachment inquiry will not countenance … further efforts by witnesses or the White House to delay or otherwise obstruct the committees’ vital investigatory work,” the three lawmakers leading the inquiry, including Rep. Adam Schiff (D-Calif.), the chairman of the House Intelligence Committee, wrote in a letter to Kupperman and Bolton’s lawyers."

The House may not usurp Executive Branch authority and may not bypass our Constitution's system of checks and balances. Asserting valid constitutional privileges and immunities cannot be an impeachable offense. The second Article is therefore invalid and must be rejected.

NO, IT ISN'T. TRUMP OBSTRUCTED JUSTICE IN EVERY SHAPE, MATTER AND FORM.

CONCLUSION

The Articles of Impeachment violate the Constitution. They are defective in their entirety. They are the product of invalid proceedings that flagrantly denied the President any due process rights. They rest on dangerous distortions of the Constitution that would do lasting damage to our structure of government.

NOTHING IN THAT PARAGRAPH IS REMOTELY TRUE. 

In the first Article, the House attempts to seize the President's power under Article II of the Constitution to determine foreign policy.

GAO AGREES WITH HOUSE DEMOCRATS THAT TRUMP BROKE THE LAW

In the second Article, the House attempts to control and penalize the assertion of the Executive Branch's constitutional privileges, while simultaneously seeking to destroy the Framers' system of checks and balances. 

THE ONLY ONE DESTROYING THE FRAMERS' SYSTEM OF CHECKS AND BALANCES ARE HOUSE AND SENATE REPUBLICANS! MCCONNELL, GRAHAM, CRUZ AND OTHERS HAD THE AUDACITY TO TAKE THE OATH OF IMPARTIALITY. CRUZ BRAGGED ABOUT NOT BEING IMPARTIONAL ON THE SUBWAY ON THE WAY TO TAKE THE OATH, MCCONNELL HAS SHARED HIS STANCE ON IMPARTIALITY TOO MANY TIMES TO COUNT AND GRAHAM DID IT BEFORE AND AFTER TAKING THE OATH.

https://limbaugh2020.com/january-16-2020-a-date-that-will-be-written-perpetually-in-primary-sources-trump-impeachment-trial-begins/

https://limbaugh2020.com/dear-gop-do-you-realize-the-legacy-you-are-creating-with-your-support-of-donald-trump/

By approving the Articles, the House violated our constitutional order, illegally abused its power of impeachment, and attempted to obstruct

President Trump's ability to faithfully execute the duties of his Office. They sought to undermine his authority under Article II of the Constitution, which vests the entirety of "[t]he executive Power" in "a
President of the United States of America."

THAT SAME CONSTITUTION VESTS THE HOUSE AND SENATE WITH THE AUTHORITY TO IMPEACH THE PRESIDENT. 

In order to preserve our constitutional structure of government, to reject the poisonous partisanship that the Framers warned against, to ensure one-party political impeachment vendettas do not become the "new normal", and to vindicate the will of the American people, the Senate must reject
both Articles of Impeachment. In the end, this entire process is nothing more than a dangerous attack on the American people themselves and their fundamental right to vote.

WE NEED THE IMPEACHMENT VOTE FOR FUTURE GENERATIONS ONCE ALL OF THE FACTS ON DONALD TRUMP ARE KNOW. GOP HOUSE AND SENATE MEMBERS WILL BE JUDGED FOR YEARS TO COME ON THEIR ACTIONS NOW.

Another rebuttal:

More rebuttals:

https://limbaugh2020.com/trump-legal-team-is-putting-all-of-their-eggs-in-one-basket-alan-dershowitz-and-justice-benjamin-curtis/