Bolton Lawyer Argues the Constitution Allows for Trump To Stand Trial
Chuck Cooper, an attorney for former National Security Advisor John Bolton , is making the case for why former President Donald Trump’s Senate impeachment trial is constitutional. In an op-ed published by The Wall…
Chuck Cooper, an attorney for former National Security Advisor John Bolton, is making the case for why former President Donald Trump’s Senate Impeachment trial is constitutional.
In an op-ed published by The Wall Street Journal, Cooper explained why he believes the argument against the Senate’s authority to try Trump cannot be substantiated.
“The strongest argument against the Senate’s authority to try a former officer relies on Article I, Section 4 of the Constitution, which provides: ‘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,'” Cooper wrote.
He noted those arguing against the trial suggest, “Because this provision requires removal, and because only incumbent officers can be removed, it follows that only incumbent officers can be impeached and tried.”
Cooper argued the provision dismantles their claim because it establishes what is called a “mandatory minimum” punishment, meaning, if the Senate convicts an incumbent by a two-thirds vote they are removed from office.
“If removal were the only punishment that could be imposed, the argument against trying former officers would be compelling,” Cooper explained.