Impeachment filing contains bizarre argument
Noah Feldman
Bloomberg Opinion (TNS)
Feb 3, 2021 Updated 21 hrs ago
The impeachment defense brief .. mostly consists of three elements .. the purported unconstitutionality of trying the president once he is out of office; his supposed First Amendment rights; and his denial that he incited the attack on the Capitol.
But there is something new .. the astonishing assertion that if the Senate tries Trump, it will have violated the constitutional rule against bills of attainder ...
The framers liked impeachments and provided for them in the Constitution. They hated bills of attainder and banned them in the Constitution ...
The Virginia Constitution of 1776 .. specified that the governor could be impeached and tried only after leaving office. If convicted, he would be barred from holding further office. No one thought this was a bill of attainder ...
... the bill of attainder argument in Trump’s defense is a classic red herring ...
https://www.bozemandailychronicle.com/ap_news/noah-feldman-trumps-impeachment-filing-contains-a-bizarre-legal-argument/article_f349f08c-1792-5e8d-b6ce-31994ce06394.html
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