A majority of the Senate last week decided that it can lawfully begin a trial on the House-approved article of impeachment, even though former President Donald Trump no longer holds federal office.
The majority is wrong.
Princeton political science professor Keith Whittington argued in a Jan. 22 Wall Street Journal opinion essay that the Senate can try Trump on the House-passed article of impeachment even though Trump left office on Jan. 20.Whittington is not a lawyer, but 170 legal scholars published an argument reaching the same conclusion.
All argue that the impeachment power reaches current and former officials. Otherwise, an official could resign on the eve of conviction and prevent the Senate from including in its judgment a provision rendering the official ineligible to hold federal office again, as Article I permits.
Beyond that, English practice allowed Parliament to expose and censure wrongdoing by the crown’s former agents, as well as prevent them from later abusing power.
That is a reasonable argument, but it runs up against a problem.
Impeachment Follies: Why the Senate Cannot Try Trump
- by: Paul J. Larkin Jr.
- 2021-01-29
- Source:
Daily Signal
- 02/01/2021
Sun Setting on the US Capitol Dome in Mid December DC by John Brighenti is licensed under flickr Attribution 2.0 Generic (CC BY 2.0)
Sun Setting on the US Capitol Dome in Mid December DC by John Brighenti is licensed under flickr Attribution 2.0 Generic (CC BY 2.0)
