From the Federalist Society (the ones who selected a lot of T’s judges) create a letter saying Trump can be impeached AFTER he leaves office.
Former President Donald Trump can be convicted in an impeachment trial for his role in inciting the Capitol insurrection on Jan. 6 even though he is no longer in office, a bipartisan group of constitutional law scholars wrote in a letter Thursday.
“We differ from one another in our politics, and we also differ from one another on issues of constitutional interpretation,” wrote the signatories, which include the co-founder and other members of the conservative Federalist Society legal group. “But despite our differences, our carefully considered views of the law lead all of us to agree that the Constitution permits the impeachment, conviction, and disqualification of former officers, including presidents.”
Letter from the Federalist Society saying T can be impeached AFTER he leaves office.
Constitutional Law Scholars on Impeaching Former Officers
January 21, 2021
Now that President Trump has left office, may the Senate take up an article of impeachment, and try, convict, and disqualify President Trump from holding future office? We, the undersigned constitutional law scholars, conclude it can.
We take no position on whether the Senate shouldconvict President Trump on the article of impeachmentsoon to be transmitted by the House of Representatives.
We differ from one another in our politics, and we also differ from one another on issues of constitutional interpretation. But despite our differences, our carefully considered views of the law lead all of usto agree that the Constitution permits the impeachment, conviction, and disqualification of former officers, including presidents.
Our shared conclusion is supported by the text and structure of the Constitution, the history of its drafting, and relevant precedent. The Constitution allocates the “sole Power of Impeachment” to the House of Representatives, and the “sole Power to try all Impeachments” to the Senate. It provides that the “President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” It further specifies that “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.”
In other words, the Constitution’s impeachment power has two aspects. The first is removal from office, which occurs automatically upon the conviction of a current officer. The second is disqualification from holding future office, which occurs in those cases where the Senate deems disqualification appropriate in light of the conduct for which the impeached person was convicted. The impeachment power must be read so as to give full effect to both aspects of this power.
Impeachment is the exclusive constitutional means for removing a president (or other officer) before his or her term expires. But nothing in the provision authorizing impeachment-for-removal limits impeachment to situations where it accomplishes removal from office. Indeed, such a reading would thwart and potentially nullify a vital aspect of the impeachment power: the power of the Senate to impose disqualification from future office as a penalty for conviction. In order to give full effect to both Article I’s and Article II’s language with respect to impeachment, therefore, the correct conclusion is that former officers remain subject to the impeachment power after leaving office, for purposes of permitting imposition of the punishment of disqualification.
In sum, the Constitution’s text and structure, history, and precedent make clear that Congress’s impeachment power permits it to impeach, try, convict, and disqualify former officers, including former presidents. The Senate may take up the House’s article of impeachment against former President Donald J. Trump, conduct a trial, convict him, and disqualify him from holding a future office of the United States