Trump Senate impeachment trial gives 'we the people' our day in court, even if he walks

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Trump Senate impeachment trial gives 'we the people' our day in court, even if he walks

William N. Eskridge Jr. and Victoria F. NourseImagine that you are in the middle of a legal case against a head of a corporation for attempting to

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William N. Eskridge Jr. and Victoria F. Nourse

Imagine that you are in the middle of a legal case against a head of a corporation for attempting to destroy the corporation. The lawyers tell the judge that the case has to be dismissed because the defendant has changed jobs. Any sensible judge would dismiss that defense as laughable, even frivolous. The shareholders have been robbed.   Shouldn’t they have their day in court?

Enter Impeachment 2.0 against former President Donald Trump.   

For the reasons set forth in the brief filed on Feb. 2 by the House impeachment managers, constitutional text, history and precedent allow a departing president to be impeached, even if his trial comes after he leaves office. Because it is unlikely the Senate will muster 67 votes to convict, the harder issue is whether a second impeachment trial is in the public interest. 



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