NYC Boss

NYC Boss

Delahunty and Yoo vs. Impeaching Ex-Officials

Delahunty and Yoo vs. Impeaching Ex-Officials

Then-President Donald Trump boards Air Force One at Valley International Airport after visiting the U.S.-Mexico border wall in Harlingen, Texas, January 12, 2021. (Carlos Barria/Reuters)

Robert Delahunty and John Yoo are in good company in thinking that the Constitution forbids the Senate from convicting a former official in an impeachment trial. But I think their argument for that view has two great weaknesses.

The first is that they wrongly take the other side of the debate to “concede. . . on the constitutional text” — by which they seem to mean that we acknowledge that the text of the Constitution confines impeachment to currently serving officials. That premise makes their argumentative work easier: To refute the other side as they present that side, they need establish …

Published at Fri, 29 Jan 2021 02:45:27 +0000