Former President Donald Trump’s lawyers laid out their case against his impeachment on Monday, arguing that his second trial is unconstitutional, that he didn’t incite an insurrection and that Democrats have made equally incendiary remarks.

The impeachment charge against Trump should be dismissed because it violates the former president’s free speech and due process rights as well as being “constitutionally flawed,” Trump impeachment attorneys Bruce L. Castor Jr. and David Schoen said in a 75-page trial brief filed Monday.

“Indulging House Democrats’ hunger for this political theater is a danger to our Republic, democracy and the rights that we hold dear,” the lawyers said in the brief.

Trump’s impeachment trial is set to begin at 1 p.m. Tuesday in the Senate on a single charge of inciting an insurrection. The House approved the charge after a mob of Trump supporters stormed the U.S. Capitol, delaying the counting of Electoral College votes for President Joe Biden in a violent assault that resulted in five deaths.

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