Legal scholars, including at Federalist Society, say Trump can be convicted

[FM123]

Politico - Former President Donald Trump can be convicted in an impeachment trial for his role in inciting the Capitol insurrection on Jan. 6 even though he is no longer in office, a bipartisan group of constitutional law scholars wrote in a letter Thursday.

“We differ from one another in our politics, and we also differ from one another on issues of constitutional interpretation,” wrote the signatories, which include the co-founder and other members of the conservative Federalist Society legal group. “But despite our differences, our carefully considered views of the law lead all of us to agree that the Constitution permits the impeachment, conviction, and disqualification of former officers, including presidents.”

More than 150 legal scholars signed on to the letter, which was obtained by POLITICO. They include Steven Calabresi, the co-founder of the Federalist Society; Charles Fried, who served as solicitor general under Ronald Reagan and is now an adviser to the Harvard chapter of the Federalist Society; Ilya Somin, a law professor at George Mason University and adjunct scholar at the libertarian Cato Institute; and Brian Kalt, a law professor at Michigan State University and leading scholar on the specific question of whether former officials can be impeached.

Read More: https://www.politico.com/news/2021/01/21/legal-scholars-federalist-society-trump-convict-461089

[Native]

1. Yes!

[intrepidity]

2. I mean, it's the logical conclusion

otherwise, the disqualification element is meaningless--one could simply resign before the Senate trial to avoid being disqualified. A loophole a Mack truck could drive through.

[StarfishSaver]

4. It's even clearer than that ... They wouldn't need to resign

If that argument had any merit, there'd be no need for an impeached and convicted President to resign in order to avoid disqualification. The president is removed immediately upon conviction. Under their reasoning, the Senate would have no further jurisdiction over him at that point since he'd already be a former president.

Their argument defies both logic and the Constitution.

[Gothmog]

3. This is not a close question

I do not believe that this is even a close question https://www.politico.com/news/2021/01/21/legal-scholars-federalist-society-trump-convict-461089

Former President Donald Trump can be convicted in an impeachment trial for his role in inciting the Capitol insurrection on Jan. 6 even though he is no longer in office, a bipartisan group of constitutional law scholars wrote in a letter Thursday.

“We differ from one another in our politics, and we also differ from one another on issues of constitutional interpretation,” wrote the signatories, which include the co-founder and other members of the conservative Federalist Society legal group. “But despite our differences, our carefully considered views of the law lead all of us to agree that the Constitution permits the impeachment, conviction, and disqualification of former officers, including presidents.”

More than 150 legal scholars signed on to the letter, which was obtained by POLITICO. They include Steven Calabresi, the co-founder of the Federalist Society; Charles Fried, who served as solicitor general under Ronald Reagan and is now an adviser to the Harvard chapter of the Federalist Society; Ilya Somin, a law professor at George Mason University and adjunct scholar at the libertarian Cato Institute; and Brian Kalt, a law professor at Michigan State University and leading scholar on the specific question of whether former officials can be impeached.

The House impeached Trump last week, for the second time, in a 232-197 vote for "incitement of insurrection” following the attack on the Capitol by a pro-Trump mob that left five people dead. As the impeachment process moves into its next phase in the Senate, the signatories of the letter are seeking to counter an argument that has been gaining steam among some Republican senators: that it would be unconstitutional for the Senate to hold an impeachment trial for Trump now that he is a private citizen.