The latest Republican lie is that trying an impeached former president for offenses he committed while in office is unconstitutional. The vast majority of legal scholars who have opined on the subject declare that the trial is indeed constitutional, especially since Trump was impeached the second time before he left office.
Saying he cannot be tried is akin to declaring an embezzler who was charged can’t be tried because he’s no longer employed by the company he stole from. Furthermore, there have been two prior cases of federal civil government employees who were impeached and tried after leaving government service.
The lie that it’s unconstitutional to try former President Trump since he’s no longer in office is merely another Republican excuse not to hold Trump accountable for instigating and inciting the January 6th attack on the U.S. Capitol that resulted in five deaths [to date] and the often severe injuries to 140 police officers. While it is likely that the majority of Republican Senators have neither the ethics nor the courage to convict Trump, to hide behind a legally unsustainable lie is just another form of cowardice.
Five deaths and 140 injured police officers! If a sitting President had told a Black Lives Matter demonstration to attack the Capitol, and that demonstration resulted in equivalent deaths, injuries and damage, does any thinking individual have any doubt that such a President would be impeached and convicted, whether or not he was still in office?
As I’ve written before, Republicans can vote to impeach a Democrat president for lying about an affair with an intern, but they appear all too willing to refuse to convict a president for actions that many of them have publicly deplored, for various reasons, giving a range of reasons unfounded in fact or law.
Why? The only answer I can find is that they care more about being re-elected than they care about doing what is ethical… or about their country… no matter how they protest to the contrary. And what’s more, all too many of their constituents agree.