The historic second impeachment trial of former President Donald Trump is set to begin in the US Senate in less than 24 hours, with both sides presenting their pretrial briefs Monday and each side lobbing attacks at the other.

Trump’s legal team argued against the House’s “outlandish” charges, calling the impeachment trial a “brazen political act”. Trump’s defense denies the former president’s rally speech on Jan. 6 encouraged “an insurrection, a riot, criminal action or any acts of physical violence” and that it is fully protected by the First Amendment right to free speech. Trump’s lawyers further maintain that the former president should not be tried since he is no longer in office.

In response, the House of Representatives impeachment trial managers said Trump’s speech was “a frontal assault on the First Amendment”, in their pretrial brief published later Monday, and argue the intent of the Constitution is to ensure presidents stand trial for any constitutional crimes committed while under the oath of office.