Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Lock him up.

(6,925 posts)
Mon Feb 8, 2021, 12:32 AM Feb 2021

Breaking With G.O.P., Top Conservative Lawyer Says Trump Can Stand Trial

This discussion thread was locked as off-topic by Omaha Steve (a host of the Latest Breaking News forum).

Source: The New York Times

One of Washington’s leading conservative constitutional lawyers publicly broke on Sunday with the main Republican argument against convicting former President Donald J. Trump in his impeachment trial, asserting that an ex-president can indeed be tried for high crimes and misdemeanors.

In an opinion piece posted on The Wall Street Journal’s website, the lawyer, Charles J. Cooper, who is closely allied with top Republicans in Congress, dismissed as illogical the claim that it is unconstitutional to hold an impeachment trial for a former president. The piece came two days before the Senate was set to start the proceeding, in which Mr. Trump is charged with “incitement of insurrection” in connection with the deadly assault on the Capitol by his supporters on Jan. 6.

Since the rampage, Republicans have made little effort to excuse Mr. Trump’s conduct, but have coalesced behind the legal argument about constitutionality as their rationale for why he should not be tried, much less convicted. Their theory is that because the Constitution’s penalty for an impeachment conviction is removal from office, it was never intended to apply to a former president, who is no longer in office.

Many legal scholars disagree, and the Senate has previously held an impeachment trial of a former official — though never a former president. But 45 Republican senators, including Mitch McConnell of Kentucky, the minority leader who is said to believe that Mr. Trump committed impeachable offenses, voted last month to dismiss the trial as unconstitutional on those grounds.



Read more: https://www.msn.com/en-us/news/politics/breaking-with-g-o-p-top-conservative-lawyer-says-trump-can-stand-trial/ar-BB1dtLL7?ocid=msedgntp



Worth a full read (no paywall link). TheiR stupid wall is cracking day by day.
8 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Breaking With G.O.P., Top Conservative Lawyer Says Trump Can Stand Trial (Original Post) Lock him up. Feb 2021 OP
K&R Blue Owl Feb 2021 #1
You can try an ex president via criminal court but impeaching them? Probably not. cstanleytech Feb 2021 #2
If I were presiding... Mike Nelson Feb 2021 #3
I like the "get out of the room" part. Impose immediate removal for any obstructive words/deeds. ancianita Feb 2021 #4
Impeachment offers Republicans an escape hatch bucolic_frolic Feb 2021 #5
Trump was impeached while he was still president DeminPennswoods Feb 2021 #6
The law is clear on this issue Gothmog Feb 2021 #7
After a review by forum hosts....LOCKING Omaha Steve Feb 2021 #8

Blue Owl

(50,349 posts)
1. K&R
Mon Feb 8, 2021, 12:40 AM
Feb 2021

cstanleytech

(26,284 posts)
2. You can try an ex president via criminal court but impeaching them? Probably not.
Mon Feb 8, 2021, 02:04 AM
Feb 2021

Now with Trump that does not apply though because he was already impeached as per the Constitution by the House while he was still in office and right now we are simply on the trial phase before the Senate.

Mike Nelson

(9,953 posts)
3. If I were presiding...
Mon Feb 8, 2021, 05:10 AM
Feb 2021

... I would shut down all talk about this, during the trial. It's like arguing that the sun isn't going to rise. There it is, Republicans... the Impeachment trial is here... it's happening! We're discussing Trump and the Insurrection. Now argue the case, or get out of the room...

ancianita

(36,023 posts)
4. I like the "get out of the room" part. Impose immediate removal for any obstructive words/deeds.
Mon Feb 8, 2021, 08:03 AM
Feb 2021

bucolic_frolic

(43,133 posts)
5. Impeachment offers Republicans an escape hatch
Mon Feb 8, 2021, 09:24 AM
Feb 2021

but i doubt they'll be smart enough to take it. They can cleanse their political souls and wash their hands of Trump, or they can endorse insurrection and all things Trump for which it stands. Either way right winger Liz Cheney appears a force of moderation and we'd be wise to separate from that as best we can.

DeminPennswoods

(15,278 posts)
6. Trump was impeached while he was still president
Mon Feb 8, 2021, 09:36 AM
Feb 2021

lest we forget.

Gothmog

(145,130 posts)
7. The law is clear on this issue
Mon Feb 8, 2021, 10:08 AM
Feb 2021

The claim that trump cannot be impeached is wrong

Omaha Steve

(99,589 posts)
8. After a review by forum hosts....LOCKING
Mon Feb 8, 2021, 11:31 AM
Feb 2021

A news article about an Op-Ed is a republishing of that Op-Ed, not important news of national interest only.

Post the latest news from reputable mainstream news websites and blogs. Important news of national interest only. No analysis or opinion pieces. No duplicates. News stories must have been published within the last 12 hours. Use the published title of the story as the title of the discussion thread.

Latest Discussions»Latest Breaking News»Breaking With G.O.P., Top...