In a short filing responding to Trump’s lawyer’s 75-page trial memorandum, submitted Monday, the House impeachment managers — all Democrats hand-picked by Speaker of the House Nancy Pelosi (D-CA) — wrote:
The Democrats were responding to Trump’s lawyers’ claim that Democrats’ rushed impeachment, which defied all previous procedural conventions governing impeachment in the House, denied the president the constitutional due process of law.[T]he House has invited President Trump to voluntarily testify under oath, yet President Trump immediately rejected that opportunity to tell his story. The House will establish at trial that this decision to avoid testifying supports a strong adverse inference regarding President Trump’s actions (and inaction) on January 6.
The Fifth Amendment to the U.S. Constitution provides that “No person … shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.” The impeachment trial is not a criminal case; however, many constitutional scholars argue that the same principles ought to apply — there, above all.
When Rep. Jamie Raskin (D-MD) wrote to Trump’s lawyers last week, inviting Trump to testify, he made a similar threat: “If you decline this invitation, we reserve any and all rights [sic], including the right [sic] to establish at trial that your refusal to testify supports a strong adverse inference regarding your actions (and inaction) on January 6, 2021.”
