Attorneys General Ask Senate to Reject Articles of Impeachment Because They Are Legally Insufficient and Factually Flawed

Five Republican Attorneys General announce action asking the Senate to reject articles of impeachment.

Attorney General of South Carolina Alan Wilson led a press conference Wednesday afternoon January 22, 2020 that announced that 21 attorneys general are asking the Senate to reject the articles of impeachment of President Donald J. Trump.

In his introduction, Wilson said he learned as a young prosector, “You don’t prosecute the person, you prosecute the conduct.” Wilson said the impeachment proceedings today in 2020 are prosecuting the person, not the conduct.

With four other AGs standing beside him, Wilson said, the impeachment articles — Obstruction of Congress and Abuse of Power — are legally flawed and are inherently destructive to the Balance of Power.

Wilson says that a “friends of the Senate” letter was filed, outlining 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.

Wilson referred to the Democratic attempts at impeachment as attempts to prosecute thought crimes, and mentioned that previous examples of presidential actions and potential future presidential actions could similarly be prosecuted as thought crimes of corruption.

Obama to Medvedev …

“This is my last election. After my election I have more flexibility.

— President Barack Obama on hot mic

Wilson cited an example of suspicious comments of President Obama, overheard talking to President Medvedev on a hot mic in 2012, asking for the Russian president for flexibility until after the election when they could pick up missile negotiations.

President Barack Obama was caught on microphone telling Dmitry Medvedev that he would have more flexibility after November’s election to deal with contentious issues such as missile defense.

Wilson said the impeachment proceedings run the risk of making all future presidents a puppet of Congress.

Attorneys General who spoke after Attorney General Alan Wilson …

Jeff Landry, Attorney General, Louisiana
Leslie Rutledge, Attorney General, Arkansas
Curtis Hill, Attorney General, Indiana
Steve Marshall, Attorney General, Alabama

The Republican Attorneys General said today that President Donald Trump has been charged with a “high crime or misdemeanor” for doing what all Presidents and top advisers routinely do – invoke executive privilege when Congress seeks to unconstitutionally interfere with the president’s high-level executive communications.



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Unprecedented Action: SC AG Alan Wilson leads 21 Republican Attorneys General in Filing Letter with the Senate Slamming the Democrats’ Impeachment Articles as Legally Flawed and Damaging to the Constitution


COLUMBIA, S.C.) – Jan. 22, 2020 – South Carolina Attorney General Alan Wilson is leading an unprecedented action in which 21 Republican attorneys general filed the first-ever “friend of the Senate” letter outlining 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.

Attorney General Wilson, who was instrumental in the creation and coordination of the letter, stated: “The two Articles of Impeachment sent over from the House are fundamentally flawed, politically motivated, and fail to identify any high crimes or misdemeanors. 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.”

The attorneys general argue 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 states 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 urge 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.”

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 echoed the sentiments of the attorneys general: “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), Herbert Slatery (TN), Ken Paxton (TX), Patrick Morrisey (WV).

View the letter here [PDF].

(From Attorneys General of: South Carolina, Louisiana, Utah,
Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Kansas,
Kentucky, Mississippi, Missouri, Montana, Nebraska, Ohio,
Oklahoma, South Dakota, Tennessee, Texas, and West Virginia)