RedDenver
New member
If impeachment after leaving office wasn't allowed, then any official could simply resign right before an impeachment was handed down. Plus it has literally already happened before, so that is precedent as set by the Senate. Precedent does not require a court, especially since courts are for criminal and civil cases and impeachment is a political case.What you know is actually an opinion.
The Unconstitutional opinion rests on the plain language of the Constitution.
Article II
Section 4
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.
Article I, Section 3, Clause 7:
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: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
[SIZE=16.4px]It does not say 'President or former President' nor does it say 'removal from Office, OR disqualification.' The Founders were good writers and it's simply bad to say they actually meant something very different from what they wrote. [/SIZE]
The Ex-Presidential Impeachment is Constitutional opinion rarely cites the actual Constitution but rests on a 'precedent' that in 1876 a minor officer was impeached after he resigned.
This is weak for any number of reasons. It isn't a 'precedent' if it wasn't ruled on by a Court. Congressmen were angry and incorrect in 1876 and 2021.
That guy Belknap resigned just as the House was formally voting on Impeachment. Belknap was acquitted because enough Senators voted Nay on the grounds they had no jurisdiction over former officers; everyone agreed that he had taken a bribe.
And that is just jurisdiction. There is also no legal case even if Trump was still president.
pretty?
https://www.npr.org/2021/01/18/957866252/can-the-senate-try-an-ex-president
In 1876, for instance, the corrupt secretary of war, William Belknap, raced to the White House to hand in his resignation just minutes before the House voted to impeach him. But the Senate determined it had the right to try an impeached former Cabinet member and went on to try Belknap "for acts done as Secretary of War, notwithstanding his resignation of said office." While the trial went forward, though, in the end, their vote to convict fell short of the necessary two-thirds.
And at the end of the day, the Senate gets to determine how impeachment works:
Ultimately it likely will be the U.S. Senate that determines whether it can try Trump on impeachment charges. The Supreme Court ruled unanimously in 1993 that whatever rules the Senate adopts for impeachment, under the Constitution those rules are not reviewable by the Supreme Court as long as the Senate follows three requirements specified in the Constitution: that the Senators be "under oath and affirmation," that "a two-thirds vote is required to convict, and that the Chief Justice presides when the president is tried."