UNITED STATES—On Thursday, February 4, former President Donald Trump’s legal team rejected House Democrats’ request to have him testify at his impeachment hearing, as impeaching a private citizen is, unconstitutional.

Trump stands accused of inciting the insurrection at the U.S. Capitol on January 6, which occurred after President Trump’s “Save America Rally.”


On Friday, January 29, Senator Rand Paul (R-KY) made a speech on the reasons that impeaching President Trump is unconstitutional. Rand Paul read the articles of the Constitution and explained how the U.S. Constitution is, “unquestionably clear on the purpose and limits of the impeachment of the President.”

Letter From Trump Legal Team

Sen. Paul said, “Impeachment is for removal from office, and the accused here has already left office. Hyperpartisan Democrats are about to drag our great country down into the gutter of rancor and vitriol, the likes of which has never been seen in our nation’s history.”

Paul argued, “As of noon last Wednesday, Donald Trump holds none of the positions listed in the Constitution. He is a private citizen. The presiding officer is not the Chief Justice, nor does he claim to be. His presence in the chief justice’s absence demonstrates that this is not a trial of the president, but a private citizen.”

Article 1. Section 3: “When the President of the United States is tried, the Chief Justice shall preside.”

Article 2. Section 1: “The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years.

Article 2. Section 4: “The President, Vice President and all civil Officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.”

What President Trump said prior to the outbreak of the riots is what the Democrats are using against him in impeachment.  His words are as follows:

“We’re going walk down to the Capitol, and we’re going to cheer on our brave senators, and congressmen and women. We’re probably not going to be cheering so much for some of them because you’ll never take back our country with weakness. You have to show strength, and you have to be strong.”- Excerpt from former President Trump’s Save America Speech, January 6, moments before Capitol riots.

The Senate then voted 55-45 in favor of tabling Paul’s motion and moving forward with the impeachment trial.

The following Republican Senators crossed party lines, rejecting Paul’s point of order, and in favor of impeaching Trump: Lisa Murkowski (R-AK), Mitt Romney (R-UT), Ben Sasse (R-NE), Pat Toomey (R-PA). This is the second time Senator Mitt Romney voted to impeach Trump. The first time was in 2020.

Senator Patrick Leahy, 80, (D-VT), who was recently released from the hospital is presiding over the Trump impeachment hearings that are scheduled to begin, Monday, February 8.