Lawyer for the former national security adviser John Bolton
John Bolton, former Rep. Will Hurd, announces book deal UPDATED: McEnany, Fox News talks about a break John Bolton: Trump’s second dismissal “poorly conceived, poorly executed,” which will likely produce the same result as the first MORE He is arguing that the Senate dismissal judgment on ex President Trump
Donald Trump, spokesman for domination: MyPillow CEO Mike Lindell calls for DC officers defending the Capitol to be sued, Sicknick’s family honored at the US Super Bowl will meet at the Human Rights Council UN: MORE report it has a solid foundation in the Constitution and should continue.
“The strongest argument against Senate authority to try a former officer is based on Article 4, Section 4 of the Constitution,” attorney Chuck Cooper wrote in The Wall Street Journal.
The section of the Constitution that Cooper cites states that the president, vice president, and all U.S. civilian officers “shall be removed from office in the event of dismissal and conviction for treason, bribery, or other serious crimes and misdemeanors.”
“Opponents of the trial argue that because this provision requires withdrawal, and because only tenured officers can be removed, it follows that only senior officers can be prosecuted and tried,” Cooper noted. “But the provision cuts against it its interpretation. It simply sets out what is known in criminal law as a ‘minimum mandatory’ punishment: if a incumbent is convicted by a two-thirds vote in the Senate, he is removed from office by law. “
After Trump was indicted for the second time by the House last month, the senator. Rand Paul
Randal (Rand) Howard Paul Lawyers blame Trump for riots, while Murphy points to the second dismissal trial: “I don’t think any of our work will end just because the president has left office.” (R-Ky.) He filed a motion to dismiss a lawsuit in the Senate, arguing that the proceedings are unconstitutional because Trump has already left office.
Five Senate Republicans joined Democrats in voting against Paul’s measure, which failed.
“Since the Constitution allows the Senate to impose the penalty of permanent disqualification only on former incumbents, it defies logic to suggest that the Senate is prohibited from judging and convicting former incumbents,” Cooper wrote in the Journal. “Senators who supported Mr. Paul’s motion should reconsider his opinion and judge the former president’s misconduct on the merits.”
Trump was accused of inciting insurrection against the government after a crowd of his supporters stormed the Capitol building on Jan. 6 after speaking at a rally telling them to march in Congress and answer the result of the election. The former president for weeks after the election transmitted unproven claims of electoral fraud and faced an election he claims was “stolen” from him.
Several people, including members of law enforcement, were injured or killed as a result of the January 6 riots. Trump’s impeachment trial, his second, is set to begin this week.
Bolton, a frequent critic of Trump, wrote in the national magazine late last month that Trump’s second removal is unlikely to end in a conviction.
“Like the first, it is too closely drawn (first Ukraine, now the desecration of the Capitol) and was rushed by the House in largely partisan lines,” Bolton wrote. “Neither scenario is the right way to make dismissals, 50% of which in U.S. history has occurred in the last twelve months.”