The House impeachment managers spent much of the opening session trying to undercut a key argument of former President Donald J. Trump’s lawyers: That the trial itself is unconstitutional.
Democrats asserted early that a president can be tried for offenses committed in office, even if they are no longer serving. That power, they said, is necessary to hold presidents accountable for wrongdoing in their final weeks and to avoid avoiding responsibility with a resignation.
Most legal scholars, including some leading conservatives, agree that a former president can be tried by the Senate even after leaving office — a point Democrats seized upon during their remarks. Representative Joe Neguse of Colorado noted that Brian Kalt, a legal scholar cited repeatedly by Mr. Trump’s lawyers, publicly disputed their portrayal of his law journal article on the topic of trying former officials.
“They misrepresent what I wrote quite badly,” tweeted Mr. Kalt, a law professor at Michigan State University. “My article presented all of the evidence I found on both sides, so there was lots for them to use fairly. They didn’t have to be disingenuous and misleading like this.”
Source Article from https://www.nytimes.com/2021/02/09/us/politics/impeachment-trump-democrats.html
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