Commentary There’s a very strong argument that the Constitution does not permit impeachment of a former president. Unfortunately, President Donald Trump’s lawyers failed to present it. Admittedly, there’s conflicting evidence on whether the Constitution permits late impeachment. The job of the prosecutors was to present the evidence in favor. Aside from a few slips, they did their job fairly well. On the other hand, the job of the Trump defense team was to present the evidence against late impeachment. They had three opportunities to do this: in their written Answer, in their Trial Memorandum, and in their speeches to the Senate. By and large, they flunked. Even though I’m undecided on late impeachment, it’s frustrating and painful for me to see a legal team drop the ball that way. This article will lay out, step by step, the most important evidence against the constitutionality of late impeachment. First step: Remember …
Here’s How Trump’s Lawyers Should Have Explained Why an Ex-President Cannot Be Impeached
February 10, 2021
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