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.
Viewpoints
Opinion
Here’s How Trump’s Lawyers Should Have Explained Why an Ex-President Cannot Be Impeached
Members of the National Guard patrol at the U.S. Capitol in Washington on Feb. 9, 2021. Reuters/Joshua Roberts
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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.”
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