With the second impeachment trial of former President Donald Trump set to begin on February 8, two of Trump's attorneys have signaled that they will argue the entire trial is unconstitutional.
Following the resignation of his entire legal defense team last week, Trump hired Alabama attorney David Schoen and former Pennsylvania prosecutor Bruce L. Castor, Jr. to represent him.
"Schoen has already been working with the 45th president and other advisers to prepare for the upcoming trial, and both Schoen and Castor agree that this impeachment is unconstitutional – a fact 45 senators voted in agreement with last week," the duo said in a statement.
In conversation with the Washington Post, Schoen said that he will draw attention to the how the impeachment process has been "weaponized" and that there is no constitutional basis for impeaching a president once he has left office.
Castor added that he feels it a "privilege" to represent Trump and that what is really on trial next week is the resilience of the Constitution.
"The strength of our Constitution is about to be tested like never before in our history," Castor said. "It is strong and resilient. A document written for the ages, and it will triumph over partisanship yet again, and always."
The constitutionality of the Democrat-led impeachment trial has been at issue since Sen. Rand Paul (R-KY) raised a point of order on January 26 forcing each senator to declare their stance on the issue. Forty-five Republican senators voted that it was not.
The Constitution requires a two-thirds vote of Senators to convict a president in an impeachment trial. With the current 50/50 split, that means 17 Republican senators would have to vote guilty their to be a conviction.