Opinion

Here’s How Trump’s Lawyers Should Have Explained Why an Ex-President Cannot Be Impeached

2/10/2021|Updated: 2/10/2021

Commentary

There’s a very strong argument that the Constitution does not permit impeachment of a former president. Unfortunately, President Donald Trump’s lawyers failed to present it.

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Rob Natelson

Author

Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution” (4th ed., 2025). He is a contributor to The Heritage Foundation’s “Heritage Guide to the Constitution.” He also researched and wrote the scholarly article “Virgil and the Constitution,” whose publication is pending in Regent University Law Review.

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