Trump's Attorneys Misrepresent Kalt's Scholarship on Late Impeachments
The former President's attorneys repeatedly (mis)cite the work of Professor Brian Kalt on late impeachments.
Impeachment
Trump's Dubious First Amendment Defense Against Impeachment
He is on firmer ground in arguing that the Senate does not have the authority to try a former president, although that issue is highly contested.
Legal Scholars' Letter on Impeachment of Former Officials Makes Appearance in Trump's Senate Trial
The letter was signed by some 170 legal scholars across the political spectrum, including several VC bloggers.
My Washington Post Op Ed on Impeachment and the First Amendment
The op ed, published today, explains why the First Amendment doesn't protect Trump against impeachment and conviction for his role in the attack on the Capitol.
How Did Impeachments Become So Partisan?
Alas, the precedent for partisan votes on impeachment was set before Donald Trump.
Issue-Voting and Impeachment
Why Republican Senators can vote on the merits of Trump's impeachment even if they believe the Seante has no power to impeach ex-officers.
Marjorie Taylor Greene Presents Republicans With a Sadly Familiar Choice Between Blind Loyalty to Trump and a Basic Respect for Reality
The Georgia representative has embraced nearly every crazy conspiracy theory that is popular on the right.
The Constitutionality of Trump's Impeachment Trial Is Not 'Crystal Clear'
There are plausible arguments on both sides of the debate.
Trump's Lawyers Say He Can't Be Impeached for Trying to Subvert the Election Because He Was Just Expressing an Opinion
They also argue that the Senate has no authority to try a former president.
House Impeachment Managers and Trump's Defense Lawyers File their Impeachment Trial Briefs
The House brief does a solid job of laying out the case against Trump. The defense brief is far less impressive.
The Constitutional Argument Against Trump's Senate Trial Is Convenient. Is It Also Wrong?
While many prominent constitutional scholars think trying a former president is perfectly legal, the dissenters make some points that are worth considering.
Contra Alan Dershowitz on Late Impeachments
On the validity of an impeachment trial for a former president.
Legal Scholars' Letter Supporting Constitutionality of Impeaching and Convicting Presidents After they Leave Office
The signers include a wide range of constitutional scholars across the political spectrum, including Federalist Society co-founder Steve Calabresi.
Should Ted Cruz and Josh Hawley Be Expelled From the Senate for 'Insurrection'?
That punishment for reinforcing the delusions that drove the Capitol riot is highly unlikely, and it would set a troubling precedent.
Saying Trump 'Provoked' the Capitol Riot With 'Lies,' Mitch McConnell Tries To Distance His Party From a Dangerous Demagogue
The Senate minority leader sees a grave political risk in failing to repudiate the former president.
Presidential Free Speech and the Congressional Impeachment Power
The First Amendment should not be a viable defense in an impeachment trial
Further Rejoinder on Why the First Amendment Does not Constrain Impeachment and Removal of Presidents
A further rejoinder to Josh Blackman and Seth Tillman.
Can President Trump Pardon Himself?
The Constitution's words, history, and structure suggest the best answer is no. He can't plead, "I beg my pardon."
When is an Officer Impeached? V
The House and Senate are making unforced errors in laying the groundwork for an impeachment trial
Contra the Luttig Impeachment Thread
Judge Michael Luttig thinks a former president cannot be tried in the Senate. The argument is flawed.
There is Still Time to Fix the House Impeachment Process
Trump has been impeached, but there is still time to put a stronger case before the Senate.
Does the Chief Justice Preside over an Ex-President's Impeachment Trial?
Conflicting signals from the Belknap impeachment
Impeaching Trump for his Role in Inciting the Attack on the Capitol Doesn't Violate "Established Free Speech Rights"
A rejoinder to Josh Blackman and Seth Tillman.
Trump's Belated Message of Peace and Unity Makes You Wonder Where This President Has Been the Last Four Years
Something like Wednesday evening's soothing remarks could have made a real difference on the day of the Capitol riot.
Trump Has Been Impeached—Again
Several House Republicans joined their colleagues across the aisle in the ultimate condemnation of Trump's role on Jan. 6.
Make Impeachment as Bipartisan as Possible
Impeachment can only succeed if it has substantial bipartisan support. Here are some ways to help make that happen.
5 Profiles in Courage and Cowardice in a Trump-Dominated GOP
Here is how Mitch McConnell, Mike Pence, Liz Cheney, Ted Cruz, and Josh Hawley responded to the president's election delusions.
Yes, the Senate May Hold Trump's Impeachment Trial After He Leaves Office
History and precedent both support impeachment trials for former federal officials.
A Senatorial Impeachment Two-Step?
The Senate should bifurcate its impeachment inquiry: Remove from office now, Disqualify from Office-holding later
Rep. Peter Meijer, on Impeachment Vote: 'There's an Assumption That People Will Try To Kill Us'
As Mitch McConnell and Liz Cheney break for impeachment, the freshman GOP congressman who succeeded Justin Amash says that Republicans who are "going to vote our conscience tomorrow" expect to be assaulted.
House Judiciary Committee Releases Report on Impeachment
Among many other things, it cites recent writings by VC bloggers Jonathan Adler, Keith Whittington and myself.
A Simple Way for Republicans to Keep Impeachment from Exacerbating Conflict and Disunity
GOP leaders who raise this objection to impeachment can help solve the problem through the simple expedient of supporting impeachment themselves.
Did Trump Engage in 'Insurrection or Rebellion' Against the Constitution?
The impeachment article against the president cites a little-discussed section of the 14th Amendment.
The Senate May Hold an Impeachment Trial After President Trump Leaves Office
The precedents are clear, and Senate could bar Trump from holding future office.
The GOP's Authoritarian Sickness
Impeachment, 25th Amendment, or censure? Deplatforming, Section 230, or inclusion? The Reason Roundtable debates.
The Case for Impeaching Trump
"The question of whether incitement to riot is an impeachable offense is pretty easy," says the Cato Institute's Gene Healy. "Clearly, yes."
Why Impeachment Should Proceed Even if it Cannot be Completed Until After Trump Leaves Office
The Constitution does not bar such proceedings. And the impeachment process could still serve the valuable purposes of deterring wrongdoing by future presidents and barring Trump from ever holding federal office again.
The Case for a Swift Impeachment
Prominent legal scholars who rarely agree on anything else make the case for a swift impeachment process.
The First Amendment Doesn't Protect Trump Against Impeachment for his Role in Inciting the Assault on the Capitol
High government officials don't have a First Amendment right to be protected from firing based on their political views. That applies to presidents facing impeachment no less than other officials.
Yes, Congress May Impeach and Remove President Trump for Inciting Lawless Behavior at the Capitol
A response to Joshua Blackman and Seth Tillman
Pelosi Says Congress Is 'Prepared' To Impeach Trump Again Unless Pence Invokes 25th Amendment
In a Thursday afternoon announcement, Speaker of the House Nancy Pelosi (D–Calif.) said Trump committed "an act of sedition" by inciting a riot on Wednesday afternoon.
Impeachment and Invoking the 25th Amendment are not Mutually Exclusive Options
Both can be pursued simultaneously. And there is potentially good reason to do so.
A Qualified Defense of Impeaching Trump Again
I supported the previous impeachment of Trump, and would be happy to see him impeached and convicted now. But before proceeding, we should carefully consider how effective a new impeachment effort is likely to be.
SCOTUS Postpones Argument Over Mueller Grand Jury Materials
This is one of several cases that could become moot within weeks.
Prominent Conservative Legal Scholar Steve Calabresi Calls for Trump's Impeachment
The reason is Trump's recent tweet calling for postponement of the election.
No, the Supreme Court's "Bridgegate" Decision Doesn't Vindicate Trump on Impeachment [Updated with Comment on Josh Blackman's Clarification of his Position]
An abuse of power that doesn't violate federal fraud statutes can still be an impeachable offense - and still violate other criminal law.
