Thanks for posting. Now having 20 years more experience, are there any changes you would make to this article?
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I was able to take another crack at it when I wrote chapter 5 of my 2012 book and I didn't really see anything to change then (just condensed a lot). Same now. I might add some things, though (like does the Chief Justice preside if an ex-president is on trial in the Senate).
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Your discussion of this on the Lawfare podcast was great.
Thanks. Twitter will use this to make your timeline better. UndoUndo
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Not to be contrary, but none of the four options on page 4 describe my view, which is that “civil officer” limits the *nature* of the offense, but not the timing of the trial.
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*Page 64 That fits with option #2, doesn't it? If you think it is a limit on the nature of the offense, wouldn't that limit it to people who were officers at the time of the offense?
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Impeachment and conviction isn't just about Donald Trump. This is about sending a clear message to every would-be-strongman:
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Great article. I noticed a reference in a footnote to “And stay out: The Constitlltional Case for Post-Presidental Impeachment”. Unfortunately the link provided is not working. Is it available?
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Yeah, the Jurist site doesn’t still display content that old for some reason, and we didn’t have http://perma.cc back then. I have it on my hard drive and I can DM it to you but it doesn’t add much.
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Why would anyone take the time to argue it in 2001?
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My goal was to provide a careful, thorough, evenhanded analysis in case it ever happened. When people wait until there is an actual case, they can't help but gravitate toward whichever arguments favor the side they like politically. I wanted to avoid that sort of bias.
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