This is also an out and out political question. If wading into the political thicket means anything, it means avoiding telling Congress what it can or cannot impeach the President for.
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You think this Court—desperate as it is to retain whatever semblance of legitimacy it still has—would intervene to halt or reverse a post-presidential impeachment?
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I’m not sure. If you had asked me before yesterday, my answer would’ve been no. But Mike Luttig writing that it would be unconstitutional is a warning sign of how the “originalist” movement sees the matter.
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You mean the trial? He’s been impeached now, and during his term. There’s no constitutional issue there. Issue is whether a trial of an out-of-office impeached President is constitutional (or prudent) and whether disqualification is allowed.
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SCOTUS has no review of impeachment. It's a completely political act in the legislature that doesn't come with judicial review because it's not a point of law.
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