Quote:
Originally Posted by Stuart
Actually, as I understand it, the Constitution does not limit the power of impeachment to serving presidents, or even serving government officers. Look up William Belknap, Secretary of War, who resigned when he was accused of corruption, then, as with Trump, was impeached after he left. Also, as with Trump, the senate, when voting, failed to reach the required two thirds majority, so was acquitted. His defence argued, as the republicans have, that the senate does not have the power to convict when the person has left..
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Couple of flaws in the above. Trump was impeached before he left office and it is not Constitutional as per Constitutional expert, Alan Dershowitz. The text of the Constitution refers to the current president, not the former. You cannot remove from office, someone no longer in office. Trump is now a private citizen and the Senate lacks jurisdiction to try him.
The Chief Justice of the Supreme Court usually resides in the judges chair, in cases of Presidential impeachment, but John Roberts refused to reside Trump’s 2nd impeachment trial, this would lean on the argument, if Trump went to Supreme Court, they’d probably agree it’s not a Constitutional impeachment.