A lawyer for former national security adviser John Bolton
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“The strongest argument against the Senate’s authority to try a former officer is based on Article I, Section 4 of the Constitution,” attorney Chuck Cooper wrote in The Wall Street Journal.
The portion of Constitution Cooper cited, dictating the president, vice president and all civilian officials of the United States, “shall be removed from office for impeachment and conviction of treason, bribery or other serious crimes and felonies.”
“The opponents of the trial argue that because this provision must be removed and because only sitting officers can be removed, it follows that only sitting officers can be impeached and brought to trial,” noted Cooper. “But the provision cuts against it their interpretation. It simply establishes what is known in criminal law as a “ mandatory minimum sentence ”: if a sitting office holder is convicted by one-third of the vote of the senate, he is automatically removed from office. ‘
After Trump was impeached for the second time by the House last month, Sen. Rand Paul
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Five Senate Republicans, along with the Democrats, voted against Paul’s measure, which failed.
“Since the constitution allows the senate to impose the penalty of permanent disqualification only on former office holders, it is against logic to suggest that the senate is prohibited from trying and sentencing former office holders,” Cooper wrote. the Journal. “The senators who supported Mr Paul’s motion should reconsider their views and judge the former president’s misconduct on their merits.”
Trump was charged with an article inciting revolt against the government after a mob of his supporters stormed the Capitol on Jan.6 after speaking at a rally telling them to march to Congress and contest the election results. The former president carried out unproven claims of voter fraud weeks after the election and denounced an election he claims was ‘stolen’ from him.
Several people, including members of law enforcement officers, were injured or killed as a result of the January 6 riots. Trump’s impeachment case, his second, begins this week.
Bolton, a frequent Trump critic, wrote in the National Review late last month that Trump’s second impeachment was unlikely to end in conviction.
“Like the former, it’s drawn too narrowly (first Ukraine, now the Capitol’s desecration) and rushed through the House on largely partisan lines,” Bolton wrote. “Neither scenario is the right way to deposit, 50 percent of which in US history has taken place in the past 12 months.”