Thread by @TheValuesVoter

The argument that it is unconstitutional to impeach a former President is ridiculous.

First, the Constitution does not say that it is. What it does say is that the penalty for conviction can’t be more than removal from office and being barred from holding office again.

Secondly, even if it were true that there was a Statute of Limitations for impeachment that somehow ends when the President leaves office, Trump WAS impeached before he left office. The resulting trial is occurring after he left. But the impeachment (indictment) happened before.

An impeachment is akin to an indictment although one where the person being impeached, if convicted, will have penalties not worse than being removed from office and barred from holding office again. The Senate trial is like a trial that results from an indictment.

And even in the law, when there are Statutes of Limitations, those dates refer to the last date in which a case of an indictment can be FILED. Not the date by which the trial has to begin.
law.cornell.edu/uscode/text/18…

The Trump argument is wrong and is designed to give Senators a way to avoid convicting him. The Constitution does not at all suggest that former office holders cannot be impeached.

But besides that, he was impeached when he was still the President. And now he will be tried.

What the US Constitution says about impeachment:

Article 1, Section 2, Clause 5
“The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment”

Done. And, not that it matters, but they impeached while he was still POTUS.

Article 1, Section 3, Clause 6
“The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside:”

“And no Person shall be convicted without the Concurrence of two thirds of the Members present.”

Okay. The Senate tries the impeachment. Check. Happening Tuesday. No comment about when it happens.

They take an oath. Okay.

Is the person being tried the President of the United States? Not anymore. So the presiding officer doesn’t need to be the Chief Justice, unlike the first time. But, again, no indication whatsoever that a former President cannot be tried.

Takes two thirds to convict. Okay.

Article 1, 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.”

So the MAXIMUM punishments that can result from a conviction here are removal from office (moot, his term is over) and disqualification from office (NOT moot. He has repeatedly talked about running again).

NO indication that the trial cannot occur because his term ended.

Article II, Section 2:

“The President ... shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”

Impeachment cannot be pardoned.

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.”

It should also be noted that there is such a thing as the Office of the Former President. Which, according to the Former Presidents Act, is a taxpayer funded entity.

He still holds a position.

Lastly, people say things like “you can’t impeach a former President.” And they’re not just incorrect but are (intentionally?) confusing terminology.

Trump has ALREADY BEEN impeached. And he was impeached while he was still President.

The only question now is if he’s convicted.

An impeachment is an accusation. It’s the political equivalent of an indictment, in a case where the worst thing that can happen to you is that you get removed from office and denied the right to hold office ever again. The House impeaches. And that already happened in January.

The Senate trial is where people decide if the accusation (in this case, one that was made while Trump was still President) is true or not.

The @SenateGOP has to decide if they‘re going to hold him accountable. Or if they’re going to let a guilty man go unpunished.