Speaking during an interview with Fox News Monday afternoon, South Carolina Republican Senator Tim Scott was asked about former President Donald Trump's second impeachment trial, which starts tomorrow.
"[Presidnet Trump] is simply not guilty...The Democrats should put the blame where it stands, where it should be. And it does not, it does not have to do with the president who said 'go peacefully to protest.'" - @SenatorTimScott on the Democrats' impeachment. pic.twitter.com/u99takN2xV— Trump War Room (@TrumpWarRoom) February 8, 2021
As noted in the interview, Scott voted in January on a resolution that declared the impeachment process of a former president as blatantly unconstitutional.
President Trump's legal team is arguing the same and making the case that his January 6 speech is protected by the First Amendment. They also argue the impeachment article of "incitement" is hardly backed by evidence.
"Despite going to great lengths to include irrelevant information regarding Mr. Trump’s comments dating back to August 2020 and various postings on social media, the House Managers are silent on one very chilling fact. The Federal Bureau of Investigation has confirmed that the breach at the Capitol was planned several days in advance of the rally, and therefore had nothing to do with the President’s speech on January 6th at the Ellipse. According to investigative reports all released after January 6, 2021, 'the Capitol Police, the NYPD and the FBI all had prior warning there was going to be an attack on the Capitol,'" they wrote. "Embarrassingly enough, even members of the Democratic leadership themselves have admitted on the record, albeit subsequent to January 6, 2021, that they believed the riots were pre-planned, with some, including Representative James C. Clyburn, the House Democratic Whip, going so far as to accuse fellow House Members of coordinating and planning the attack in advance as co-conspirators."