Bolton lawyer: Trump impeachment trial is constitutional
Added 02-08-21 07:57:02am EST - “An attorney for former national security adviser John Bolton? is arguing that the? Senate impeachment trial of former President Trump is solidly grounded in the Constitution and should proceed.?” - Thehill.com
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An attorney for former national security adviser John BoltonJohn BoltonFormer Rep. Will Hurd announces book deal UPDATED: McEnany, Fox News talks on pause John Bolton: Second Trump impeachment 'badly conceived, poorly executed,' likely to produce same result as first MORE is arguing that the Senate impeachment trial of former President TrumpDonald TrumpDominion spokesman: MyPillow CEO Mike Lindell 'is begging to be sued' DC officers who defended Capitol, family of Sicknick honored at Super Bowl US will rejoin UN Human Rights Council: report MORE is solidly grounded in the Constitution and should proceed.
"The strongest argument against the Senate’s authority to try a former officer relies on Article I, Section 4 of the Constitution," attorney Chuck Cooper wrote in The Wall Street Journal.
The section of the Constitution Cooper cited dictates 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.”
"The trial’s opponents argue that because this provision requires removal, and because only incumbent officers can be removed, it follows that only incumbent officers can be impeached and tried," Cooper noted. "But the provision cuts against their interpretation. It simply establishes what is known in criminal law as a 'mandatory minimum' punishment: If an incumbent officeholder is convicted by a two-thirds vote of the Senate, he is removed from office as a matter of law."
After Trump was impeached by the House for a second time last month, Sen. Rand PaulRandal (Rand) Howard PaulLawmakers lay blame on Trump over riot as second impeachment trial looms Murphy: 'I don't think any of our job ends just because the president has left office' Congress mulls tightening eligibility for stimulus checks MORE (R-Ky.) introduced a motion to dismiss a Senate trial, arguing the proceedings are not constitutional because Trump has already left office.
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