By JOHN KANELIS / johnkanelis_92@hotmail.com
Someone will have to explain this bit of logic to me.
Donald J. Trump’s legal team is preparing to argue at their client’s impeachment trial that the trial is unconstitutional. Why is that? Because you cannot “impeach a president” who is no longer in office.
That’s what I hear them preparing to say.
Except for this little factoid. The House of Representatives voted to impeach Donald Trump on Jan. 13. He was still the president of the United States when the House impeached him.
Thus, and this is just little ol’ me, the impeachment is quite constitutional. Donald Trump had a week to go before he high-tailed it to Florida.
The Senate trial cannot remove him from office, which I guess factors into what Trump’s lawyers are thinking. However, and this is important, the Constitution does not specify that a president must still be in office during a trial.
Article I, Section 3 of the founding governing document notes that “judgment shall not extend further than to removal from office.” The founders did not say that removal was the only punishment; my reading of the constitutional text tells me that the punishment could not exceed removal. So … what’s the deal with that argument against conducting an impeachment trial of a former president?
If the Senate convicts Trump — and that is a huge mountain to scale, I know — then it could have a separate vote to bar Trump from ever seeking public office. The conviction bar is high, requiring a two-thirds vote; the ancillary vote requires only a simple majority of the Senate.
I know that I am not a lawyer or a constitutional scholar. I know what the Constitution says, though, and it tells me that a Senate trial meets the constitutional standard.
Impeachment is not the issue. The House delivered the goods while Trump was in office. The burden falls solely on the Senate to demand that Trump be held accountable for inciting the riot that damn near wrecked our democratic form of government.