Charles J. Cooper, a leading conservative lawyer in Washington, broke ranks with Republicans on Sunday to argue that former President Donald Trump can be impeached.
In an opinion piece for the Wall Street Journal, Cooper — who has reportedly advised multiple Republicans including Ted Cruz — said that the Constitution allows the Senate to try a former federal official, in a significant blow to the argument favoured by many Republican senators against Trump's impeachment.
Forty-five Republican senators on January 27 voted in favour of GOP Sen. Rand Paul's motion to declare Trump's impeachment trial — which begins on February 9 — unconstitutional, on the grounds that the Senate was not legally allowed to try a former president.
Cooper said that Paul's argument was flawed because it misinterpreted part of the Constitution which describes the consequences of impeachment. He said the constitution gave the Senate authority to bar officials from holding office, a punishment which could logically only apply to former officials.
"It defies logic to suggest that the Senate is prohibited from trying and convicting former officeholders," he wrote.
