Thursday, February 04, 2021

An Invitation

Dear President Trump,

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 be pleased to arrange such testimony at a mutually convenient time and place.

[T]he 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.

-- Invitation from House impeachment managers for former President Trump to testify at his Senate trial, 4 February 2021

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