The House impeachment managers requested that Donald Trump testifies under oath in the Senate trial next week.
The lead impeachment manager Jamie Raskin made the request in a letter to Donald Trump, arguing that his testimony was needed after he disputed the House’s allegations that he incited the insurrection at the Capitol on Jan. 6.
“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,” Raskin wrote. “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.”
The letter did not say whether the impeachment mangers would subpoena Donald Trump if he failed to appear for his testimony. But, if he doesn’t the managers are willing to use it against him. “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,”Raskin wrote.
Raskin also cited a 2020 Supreme Court ruling that said a president is not immune from criminal prosecution while noting that former Presidents Gerald Ford and Bill Clinton “both provided testimony while in office.”
“Indeed, whereas a sitting President might raise concerns about distraction from their official duties, that concern is obviously inapplicable here,” he added. “We therefore anticipate your availability to testify.”
The letter also suggests that the testimony would not necessarily be in the Senate chamber or even in public. Raskin is asking for a response from Trump by 5 p.m. on Friday.
Donald Trump was impeached by the House for a historic second time, on the most bipartisan impeachment vote in history last month for inciting an insurrection after his supporters stormed the Capitol to delay the certification of President Biden’s election victory.
