ASSOCIATED PRESS: Democrats Ask Trump to Testify Under Oath in Senate Trial

An interesting legal theory about the invitation to testify. It effectively cut former President Donald Trump’s defense off at the knees. His attorneys will not be able to speculate on what Trump knew was going to happen or his frame of mind during the event, because they had the opportunity to present their client to speak about those things himself.

House Democrats on Thursday asked Donald Trump to testify under oath for his Senate impeachment trial, challenging the former president to explain why he and his lawyers have disputed key factual allegations at the center of the case.

More from the article…

…The request from Raskin cites the words of Trump’s own attorneys, who in a legal brief earlier this week not only denied that Trump had incited the riot but also asserted that he had “performed admirably in his role as president, at all times doing what he thought was in the best interests of the American people.”

With that argument, Raskin said, Trump had questioned critical facts in the case “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,” Raskin wrote.

Raskin wrote that if Trump refuses to testify, the managers will use his refusal against him in the trial — a similar argument put forth by House Democrats in last year’s impeachment trial, when many Trump officials ignored subpoenas.

“Indeed, whereas a sitting president might raise concerns about distraction from their official duties, that concern is obviously inapplicable here,” Raskin wrote.

Trump can decline the request to testify, and the impeachment managers do not have the authority to subpoena witnesses now since the House has already voted to impeach him. The Senate could vote to subpoena him, or any other witnesses, on a simple majority vote….

https://apnews.com/article/house-dems-trump-testify-impeachment-8fd6b9f5724f48cc0f4e045ec8c37000