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Is Trump’s Post-Presidency Impeachment Trial Constitutional?

Why is Trump Impeached Again?

Although former President Donald Trump is no longer in office, his presence is still active in Washington, D.C., as Congress prepares to impeach Trump for a second time.

Why is Trump Impeached Again?

This impeachment trial is for the attack on the Capitol on January 6th. Former President Trump called for a rally in the city and what Congress is alleging, inciting an insurrection. Which, under the constitution, the president shall “be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” The majority of both parties have agreed that Trump did encourage violence on the Capitol. However, Republicans believe that regardless of his guilt, impeachment would be unconstitutional since Trump is no longer president.

The question everyone has is whether this impeachment is constitutional, given Trump is no longer president, and whether it’s worth a lengthy trial.

Why Was Trump Impeached Before?

Trump was impeached back in 2019 after allegedly proof of abuse of power and obstruction of Congress. It was believed that Trump solicited foreign interference in the 2020 U.S. presidential election to help his re-election bid, which is an impeachable offense. The House Judiciary Committee unveiled their articles of impeachment. However, Trump was later acquitted.

Should Trump Be Impeached?

There’s a lot of opinions about whether congress should pursue a trial again.

One of the arguments by the Democratic Party is that “no one is above the law,” and it’s important to hold people accountable for unlawful behavior and the protection of democracy.

Another reason Democrats feel Trump should be impeached is to prevent him from running for office again “disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.” Many feel this is the most crucial reason to seek impeachment.

Many Republicans do not want to have an impeachment trial and feel this will open up frequent impeachment trials in the future. Since there is no specific law against impeaching a president after they’ve left office, they’re using that as their defense.

Is Trump’s Second Impeachment Constitutional?

The truth is there’s no real answer, and it’s all about interpretation of the constitution. There’s no clause or reference to this particular situation, meaning there’s no reason not to, especially if the punishment fits the crime. Plus, the insurrection occurred while former President Trump was still in office.

Some view the situation as principle and dedication to the constitution, while others see it as a political strategy and feel it’s a futile effort. We will see soon as the Trump impeachment trial unfolds.

Article by Megan Thompson

Megan Thompson is a legal writer at Lawrina. Megan writes about different law practice areas, legal innovations, and shares her knowledge about her legal practice. As a graduate of the American University's Washington College of Law she is an expert of law in Lawrina's team and has a slight editing touch to all content that is published on the website.

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