Once an official no longer occupies their office, the case against them using their position to “further harm the nation” is moot, argues J. Michael Luttig, a conservative former federal judge.
One argument for convicting Trump:
Impeachment can serve another purpose: keeping the former official from regaining power and doing future harm — something Democrats warn could happen if Trump were allowed to run again in 2024.
To be clear, most scholars do believe a former official can be impeached and convicted.
A closely related problem is that if former officials are immune from impeachment, someone might even resign their office moments before the Senate votes to disqualify them.
Ultimately, the Senate can probably do whatever it wants in Trump’s second impeachment trial.
If the Senate chooses to convict Trump and disqualify him from office, the courts should defer to that judgment under Nixon v. United States, argues @imillhiser: vox.com/22242411/trump…
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Former President Trump's second #ImpeachmentTrial trial kicks off today, with four hours of debate and then a vote on whether the Senate can even hold an impeachment trial for a former president.
Since Trump is no longer president, the main question at stake in his trial is whether he should be barred from holding future federal office, which would prevent him from seeking another term in 2024.
The argument for convicting Trump circles back to the January 6 attack on the Capitol.
“President Trump’s effort to extend his grip on power by fomenting violence against Congress was a profound violation of the oath he swore,” the impeachment managers write.
1/ For Black Americans, middle class stability has always been a lie.
In her latest Vox column, @annehelen explores how centuries of systemic racism have cut short Black people’s opportunities for wealth while keeping white wealth buoyed to the top: vox.com/the-goods/2224…
2/ "A foundational myth of the American dream is the potential of the individual, wholly unbound by context," @annehelen writes. "The idea is that in America, land of opportunity, you excel on your own merits.
And "because of intersecting racist policies and practices ... wealth has been far more difficult for Black Americans to accumulate." vox.com/the-goods/2224…
2/ As we learned the first time Trump was impeached, merely impeaching the president isn’t enough to remove him from office.
The House can charge Trump with a removable offense by a simple majority vote, but he must be convicted by the Senate by a two-thirds vote.
3/ If the impeached official is convicted, the Senate then must decide what sanction to impose on them.
Removal is one option. The Constitution also permits the Senate to permanently disqualify Trump from holding “any office of honor, trust or profit under the United States.”
1/ Congress starts the process of counting Electoral College votes and formally confirming Joe Biden’s win at 1 pm today.
It’s usually a mainly ceremonial task, but this year Trump has hyped up the count as a showdown effort to overturn the election. vox.com/2021/1/6/22213…
2/ Biden's victory isn't in jeopardy: The Electoral College vote count — 306 votes for Biden, 232 for Trump — was finalized when the electors cast their votes in December.
3/ Some Republicans plan to object to certain swing state results, claiming they can’t be trusted due to allegations of fraud.
But throwing out electoral votes requires approval from both houses of Congress, something that is extremely unlikely to happen. vox.com/2021/1/6/22213…