The Senate impeachment trial of former President Donald Trump is set to begin today. But the real question is, why? Trump no longer holds any political office. The Constitution is very clear on impeachment. Here is exactly what the Constitution says about impeaching a President.
Article 1, Section 3, Clauses 6 and 7
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried the Chief Justice shall preside; And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgement in Cases of Impreachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgement and Punishment, according to Law.
Article 2, Section 4
The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
As you can see, it is clearly illustrated in the Constitution that you cannot impeach a non-sitting President.
- “When the President of the United States is tried the Chief Justice shall preside”
- Joe Biden was sworn in as the 46th and current President.
- The Chief Justice has refused to preside over this trial as it is unconstitutional.
“Judgement in Cases of Impreachment shall not extend further than to removal from Office“
- You can’t “remove from office” someone that is no longer in office.
Rand Paul (R-KY) published an op-ed in The Hill last month laying out why this impeachment trial is a sham and should be boycotted.
“The Constitution says two things about impeachment — it is a tool to remove the officeholder, and it must be presided over by the chief justice of the Supreme Court.
Neither one of those things will happen. President Trump is gone, and Justice John Roberts, properly noticing the absence of an officeholder being impeached, is declining to preside.
That settles it for me,” Rand wrote.