Report: Senate Republicans Negotiating Terms of Unconstitutional Post-Departure Trump Impeachment Trial
Posted by William A. Jacobson Thursday, January 21, 2021 at 9:15pm
There’s nothing to negotiate. The trial would be unconstitutional and illegitimate. It doesn’t matter what you think of Trump, the Capitol Hill riot, or the election.
The Democrats plan to put Donald Trump on trial even though he no longer is in office. It’s plainly unconstitutional, for reasons explained in prior posts:
Impeachment 2.0 – No, the Senate cannot convict Trump after he leaves office
Impeachment Problem? Chief Justice Roberts May Not Have Constitutional Authority To Preside At Trial Of FORMER President
The arguments in favor of a post-departure Senate trial are convoluted, whereas the argument against simply looks at the text of the Constitution. There are arguments that in a small number of non-presidential cases the Senate attempted a post-departure impeachment trial, but those instances are not really on point, and in any event, because the Senate on a small number of prior occasions may have unconstitutionally grabbed power does not justify doing again here.
more
https://legalinsurrection.com/2021/01/report-senate-republicans-negotiating-terms-of-unconstitutional-post-departure-trump-impeachment-trial/
