The lead House impeachment manager Jamie Raskin formally requested Donald Trump testify under oath at the former president’s upcoming impeachment trial. Axios writes:
Trump has been charged by the House with inciting the insurrection at the Capitol, but has disputed “many factual allegations set forth in the article of impeachment,” Raskin notes. Testimony under oath would allow the former president to clarify “critical facts” about his role in the events of Jan. 6.
Trump was given until Feb. 11 to provide his testimony. Otherwise, the letter states:
“…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.“
Letter from Jamie Laskin to Donald Trump
Thursday afternoon Trump spokesman Jason Miller responded saying, “The president will not testify in an unconstitutional proceeding.”
There is no indication of whether the impeachment managers might try to compel Trump to testify, but the letter does point out there is precedent:
Presidents Gerald Ford and Bill Clinton both provided testimony while in office–and the 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.
The Senate could subpoena Trump. It would only require a simple majority vote. But the AP says “senators in both parties made it clear they would be reluctant to do so.”
Shortly after Raskin’s letter was made public, Sen. Chris Coons, D-Del., said it would be a “terrible idea” for Trump to testify. Sen. Richard Blumenthal, D-Conn., said Trump’s statements before and after the attack on the Capitol “are the most powerful evidence. His own words incriminate him. They show his guilty intent.”