Is Trump’s impeachment trial constitutional?
The impeachment trial of former President Donald Trump on a charge of inciting last month's deadly riot at the US Capitol will begin on Tuesday with arguments over whether the proceedings are constitutional.
Trump's legal team has argued the trial is improper under the US Constitution because Trump is now a private citizen, and 45 Senate Republicans cast votes to that effect on Jan. 26. But many legal experts disagree, and there are likely not enough votes in the Democratic-controlled chamber to halt the trial based on that argument.
Is there a consensus on whether Trump's post-presidency trial is legal?
No, but the majority of experts say it is constitutional to have an impeachment trial after an official has left office, said Brian Kalt, a law professor at Michigan State University and leading impeachment scholar.
Kalt was part of a bipartisan group of roughly 150 lawyers who signed a letter arguing that Trump can still be convicted in an impeachment trial.
Other scholars disagree, including J Michael Luttig, a prominent lawyer and former federal appeals court judge, and Jonathan Turley, a George Washington University law professor.
Under the Constitution, the president "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
In a separate clause, the Constitution says conviction can lead to "removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States."
Removing an official requires a "conviction" by a two-thirds Senate majority under the Constitution. Under precedent, only a simple majority is needed for disqualification. Historically, that vote only happens after a conviction.
Many experts believe that presidents who commit misconduct late in their terms should not be immune from the very process the Constitution created for holding them accountable. Since the Constitution makes clear that impeachment proceedings can result in disqualification from holding future office, there is a live issue for the Senate to resolve even though Trump is no longer president, those scholars argue.
Comments