well-temperedforum.groupee.net
Chuck Cooper on the constitutionality of impeachment

This topic can be found at:
https://well-temperedforum.groupee.net/eve/forums/a/tpc/f/9130004433/m/5303935597

08 February 2021, 01:44 PM
wtg
Chuck Cooper on the constitutionality of impeachment
This WSJ editorial doesn't seem to be behind a paywall:

https://www.wsj.com/articles/t...nt-trial-11612724124

But if it is, here's the story....

quote:
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.


https://www.businessinsider.co...p-impeachment-2021-2


--------------------------------
When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

09 February 2021, 11:43 AM
Daniel
I actually don't think it's constitutional.
09 February 2021, 01:55 PM
wtg
quote:
Legal Scholars' Letter Supporting Constitutionality of Impeaching and Convicting Presidents After they Leave Office

The signers include a wide range of constitutional scholars across the political spectrum, including Federalist Society co-founder Steve Calabresi.


Ilya Somin talks about constitutionality:

https://reason.com/volokh/2021...r-they-leave-office/

Here's the letter:

https://www.politico.com/f/?id...27-a5f7-3fe714ac0000


--------------------------------
When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

09 February 2021, 02:23 PM
Daniel
Well, WSJ guy has no argument (none presented in the quote).

And, the Federalist Society takes away legimacy instead of adding it.

They had a chance to find a sound Constitutional argument, impeach him, find him guilty, and he'd have been gone.

He violated the Constitution six ways to Sunday years ago.