David I. Schoen
Attorney at Law
February 4, 2021
Congressman Jamie Raskin
Via e-mail to Barry Berke, Esq.
House Impeachment Counsel
Dear Congressman Raskin:
We are in receipt of your latest public relations stunt. As you certainly know, there is no such thing as a negative inference in this unconstitutional proceeding.
Your letter only confirms what is known to everyone: you cannot prove your allegations against the 45th President of the United States, who is now a private citizen.
The use of our Constitution to bring a purported impeachment proceeding is much too serious to try to play these games.
Bruce L. Castor Jr.
David I. Schoen
Attorneys to the 45th President
Donald J. Trump
“We are in receipt of your latest public relations stunt,” Schoen and Castor said. “As you certainly know, there is no such thing as a negative interference in this unconstitutional proceeding.”
They continued, “Your letter only confirms what is known to everyone: you cannot prove your allegations against the 45th President of the United States, who is now a private citizen.”
“The use or our Constitution to bring a purported impeachment proceeding is much too serious to try to play these games.”
Sorry Dems, Donald Trump will not be testifying under oath.
See Trump Attorney’s Original Letter Below
Washington, D.C. – Today, Lead Impeachment Manager Jamie Raskin sent a letter to former President Trump requesting that he provide testimony under oath, either before or during the Senate impeachment trial, about his conduct on January 6. The letter comes after former President Trump’s legal team filed an answer brief to the Article of Impeachment, denying incontrovertible facts about the President’s conduct on and leading up to January 6 and asserting that “[…] the 45th President of the United States performed admirably in his role as president, at all times doing what he thought was in the best interests of the American people.”
Below is the full text of the letter to former President Trump.
February 4, 2021
President Donald J. Trump
c/o Bruce L. Castor Jr. and David Schoen
Dear President Trump,
As you are aware, the United States House of Representatives has approved an article of impeachment against you for incitement of insurrection. See H. Res. 24. The Senate trial for this article of impeachment will begin on Tuesday, February 9, 2021. See S. Res. 16.
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. In light of your disputing these factual allegations, I write to invite you to provide testimony under oath, either before or during the Senate impeachment trial, concerning your conduct on January 6, 2021. We would propose that you provide your testimony (of course including cross-examination) as early as Monday, February 8, 2021, and not later than Thursday, February 11, 2021. We would be pleased to arrange such testimony at a mutually convenient time and place.
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. 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.
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.
I would request that you respond to this letter by no later than Friday, February 5, 2021 at 5pm. I look forward to your response and to your testimony.
Very truly yours,
Lead Impeachment Manager