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Marshall says “impeachment managers have no case”

Alabama Attorney General Steve Marshall speaking during a congressional hearing in 2018.

Wednesday, 21 Republican attorneys generals, including Alabama AG Steve Marshall (R), filed the first-ever “friend of the Senate” letter outlining what they claim are the legal flaws of the perilous partisan move by the Democrats to use the impeachment of President Trump as a political weapon to destroy a cornerstone of the Constitution: the separation of powers.

“As a prosecutor for twenty years, what I’ve seen is an unfair process brings about an unjust result,” Marshall said. “And that is what the Senate now has an opportunity to stop.… [The House impeachment managers] have no case.… We need to return the President back to the work of this country.”

Marshall made his comments at a press conference in Washington D.C. on Wednesday. Marshall was joined by Attorney General Alan Wilson (South Carolina), Leslie Rutledge (Arkansas), and Attorney General Jeff Landry (Louisiana).

The attorneys general argue that the legal theories underlying both Articles I and Article II are legally and factually flawed, inherently destructive of separation of powers, and contrary to the Framer’s vision of impeachment power.

The letter stated that the House Democrats’ Articles of Impeachment are a partisan political ploy that will undermine the democratic process, both now and in the future, by weaponizing a process that should only be initiated in exceedingly rare circumstances and never for partisan purposes.

The 21 attorneys general are urging the Senate to expressly reject the articles of impeachment to protect the Presidency and the Constitution.

RAGA Chairman and Attorney General for Louisiana Jeff Landry said: “Republican Attorneys General have grave concerns about the House Democrats’ politically motivated impeachment process. Impeachment seems to be just another effort by Nancy Pelosi, Adam Schiff, and liberal special interests to overturn the 2016 election results. The Democrats’ partisan attack on President Trump, using impeachment, will likely damage our American system of government for decades by weakening the separation of powers. Our filing urges the Senate to reject these partisan Articles of Impeachment to protect the integrity of the Constitution.”

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Attorney General Alan Wilson (R-South Carolina) was instrumental in the creation and coordination of the letter,

“The two Articles of Impeachment sent over from the House are fundamentally flawed, politically motivated, and fail to identify any high crimes or misdemeanors,” Wilson said. “Republican Attorneys General are asking the Senate to reject the manufactured theories upon which the impeachment articles are based. This impeachment proceeding threatens all future elections and establishes a dangerous precedent. That precedent will erode the separation of powers shared by the executive and legislative branches by subjugating future Presidents to the whims of the majority opposition party in the House of Representatives.”

Utah Attorney General Sean Reyes added: “Republican Attorneys General agree that impeachment should never be a partisan response to one party losing a presidential election. Unfortunately, the Democrats never set out to ascertain the truth and have weaponized a process that should only be initiated in exceedingly rare circumstances. Impeachment casts a shadow over the office of the presidency, undermines constitutional authority, and hurts the interests of the United States at home and abroad.”

RAGA Executive Director Adam Piper said, “Time and time again Republican attorneys general prove they put the rule of law above politics. Today’s filing demonstrates their commitment to preserving the vitality of the presidency, legacy of our founding fathers, and sacredness of the impeachment process. The Framers intended for impeachment to only be used in nonpartisan and exceedingly rare circumstances. While Republicans are committed to keeping America great, Democrats are playing political games, setting a dangerous precedent for future generations, and risking the mutually assured destruction of a constitutional crisis.”

The letter is signed by 21 attorneys general including: Alan Wilson (SC), Jeff Landry (LA), Sean Reyes (UT), Steve Marshall (AL), Kevin Clarkson (AK), Leslie Rutledge (AR), Ashley Moody (FL), Chris Carr (GA), Curtis Hill (IN), Derek Schmidt (KS), Daniel Cameron (KY), Lynn Fitch (MS), Eric Schmitt (MO), Tim Fox (MT), Doug Peterson (NE), Dave Yost (OH), Mike Hunter (OK), Jason Ravnsborg (SD), Herbet Slatery (TN), Ken Paxton (TX), Patrick Morrisey (WV).

The President’s defense team will continue to present their opening arguments today.

Marshall was appointed AG by then Governor Robert Bentley (R) after a long career as a the District Attorney of Marshall County in 2017. Marshall was re-elected in 2018.

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Brandon Moseley is a former reporter at the Alabama Political Reporter.

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