In a sudden, fiery defense of his fellow Republicans (gee, where has he been…) Senator Rand Paul has said that the 2nd impeachment of President Trump is DOA in the Senate. Paul, even after refusing to object to the highly irregular 2020 Election amidst allegations of fraud, rose to an impassioned defense of President Trump. He called for the dismissal of the impeachment charge and was able to sway 44 other Senators to join him. Conviction of the President would require two-thirds of the Senate.
Sen. @RandPaul: "This impeachment is nothing more than a partisan exercise designed to further divide the country. Democrats claim to want to unify the country, but impeaching a former president, a private citizen, is the antithesis of unity." pic.twitter.com/W8SHXO2URn
— CSPAN (@cspan) January 26, 2021
If The Votes Were In Question: The Impeachment Would Still Be DOA On Constitutionality
Paul Larkin Jr., Senior Legal Research Fellow at the Institute for Constitutional Government wrote in Heritage.org to set a few things straight for the Democrats.
“For the Senate to brand Trump with a scarlet “I” as being “Ineligible” for future federal office, there are three requirements.”
“Article I of the Constitution defines the first two.
- The first one is satisfied: The House has already impeached Trump.
- The second requirement will become ripe only if the Senate convicts him and its “Judgment” includes a “disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.”
- Yet, there is a third requirement. Article II provides that “ 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.”
“Article II is as important as Article I, because it identifies who may be removed and barred from future office-holding. Unfortunately—or not—that last requirement cannot be satisfied as a matter of law in Trump’s case.”
Simply put, Donald J. Trump cannot be impeached merely to bar him from holding future office, he can only be impeached to remove him from office AND disqualify him from holding future office, not “or”. Here’s the exact text from the Constitution,
“Judgment in Cases of Impeachment shall not extend further than to removal from Office, AND disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
In Summary: Impeachment is Sufficiently Dead
Larkin, Jr. sums it all up, “By defining those three categories, Article II limits removal and future ineligibility only to current officeholders. After all, the 20th Amendment defines the president’s term as four years (with a possible second term). Once a president leaves office, as a matter of law, he or she is no longer president and, therefore, cannot be “removed” from that office.
Put simply, the Senate cannot remove someone from a position that he no longer holds, and only people so removed can be barred from holding federal office again.” If they want to come after Trump, they need to do it in court and they’re going to have to come up with something a little better than ‘muh’ Russia’.
Flatline. Mic Drop. DOA. Period. The impeachment is dead…twice. Can we move on now? There is a red wave in 2022 and a Trump comeback in 2024 to plan and we have work to do now to hinder the Biden regime as much as possible. Suffice to say we are going to be busy, and that’s all this impeachment effort amounts to: another sad attempt to distract you.