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Donald Trump's lawyers have again called the impeachment proceedings against the former US president in the Senate unconstitutional.

In a statement released on Monday, the defense lawyers called for the immediate dismissal of the case against the Republican, which had been decided by the Democratic-controlled House of Representatives.

The lawyers argue in the 75-page document, among other things, that the process is not lawful because Trump is no longer in office.

You accuse the Democrats of putting on "political theater".

The House of Representatives Democratic prosecutors, however, called the evidence against Trump "overwhelming."

There is no defense for his actions, it said in her statement on the day before the start of the Senate hearing on Tuesday.

“Trump violated his oath of office and betrayed the American people.

His incitement to rebellion against the United States government - which has disrupted the peaceful transfer of power - is the gravest constitutional crime ever committed by a president. "

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The ex-president is accused of "inciting a riot" because his supporters stormed the Capitol on January 6th.

The 74-year-old is accused of inciting his supporters to the riots at a rally in Washington immediately beforehand.

Trump had said in his address, among other things: "If you do not fight like the devil, you will have no more land."

Trump lawyers rely on free speech

Trump's defense lawyers argue that the then president only called for a fight for the general security of elections.

In addition, his address was covered by the right to freedom of speech enshrined in the constitution.

The prosecutors vehemently deny this.

In their statement on Monday it said the House of Representatives had not indicted Trump "because he expressed an unpopular political opinion".

In their indictment, the Democrats are demanding not only a conviction but also a federal ban on Trump.

That could thwart any Trump candidacy in the 2024 presidential election.

The two-thirds majority required for a conviction is not in sight: 17 Republicans would have to vote with the 50 Democrats.

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A vote on a question about the admissibility of the trial had revealed that only a handful of Republicans are considering voting for a conviction.

The Democrats argue that the trial against the ex-president is lawful because it concerns misconduct during his tenure.

They also point out that the House of Representatives had already decided to open the procedure on January 13th - before Trump left office.

The second impeachment proceedings against Trump entered the hot phase this Tuesday with the start of negotiations in the Senate.

The deliberations should take a few days.

The exact rules for the procedure and a schedule should be published at the beginning.