Pat Cipollone, the White House Counsel, and Jay Sekulow, President Trump’s personal attorney, made their first official impeachment filing this weekend. Immediately, they let it be known that they weren’t interested in taking prisoners on this particular battlefield.

They started their filing by saying “The Articles of Impeachment submitted by House Democrats are a dangerous attack on the American people to freely choose their president. This is a brazen and unlawful attempt to overturn the 2016 election and to interfere with the 2020 election, now just months away.”

Next, they write “The Articles of Impeachment are unconstitutional 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.”

“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,” Trump’s legal team wrote. “In the end, this entire process is nothing more than a dangerous attack on the American people themselves and their fundamental right to vote.”

It’s worth reading the entire Trump team briefing. This team sought to send the message that there’s little, if anything, in the Articles of Impeachment that meets the Constitution’s requirements.

Cipollone and Sekulow note that House Democrats “sought testimony disclosing the Executive Branch’s confidential communications and internal decision-making processes on matters of foreign policy and national security, despite the well-established constitutional privileges and immunities protecting such information.” Then Mssrs. Cipollone and Sekulow write “As the Supreme Court has recognized, the President’s constitutional authority to protect the confidentiality of Executive Branch information is at its apex in the field of foreign relations and national security.”

Notwithstanding these abuses, the Administration replied appropriately to these subpoenas and identified their constitutional defects. Tellingly, House Democrats did not seek to enforce these constitutionally defective subpoenas in court. 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.

Why would House Democrats withdraw a legitimate subpoena if the information sought was important? Did House Democrats withdraw the subpoena because they didn’t want the court to rule that the subpoena wasn’t legitimate?

Check LFR for the House Democrats’ reply to this filing.

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