Can a Former President Be Tried for Impeachment?

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 22 January 2021

⏱️ 64 minutes

🔗️ Recording | iTunes | RSS

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Summary

Judge J. Michael Luttig, formerly of the Fourth Circuit Court of Appeals, and Professor Keith Whittington of Princeton join host Jeffrey Rosen to consider how to interpret the constitutional text and historical precedent surrounding the question of whether the senate can hold President Trump’s impeachment trial now that he’s left office. Judge Luttig explains why he thinks that the president cannot be tried and convicted by the senate after he has already left office, and why only the Supreme Court can answer the question of whether Congress can hold an impeachment trial for a former president. Professor Whittington details his view that a former president can be tried and convicted, and that it’s a purely political question up to the senate to ultimately decide. Resources and transcript available at constitutioncenter.org/interactive-constitution/media-library Questions or comments? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center and welcome to
0:08.0	We The People, a weekly show of constitutional debate.
0:11.6	The National Constitution Center is a nonpartisan nonprofit
0:15.0	chartered by Congress to increase awareness and understanding of the
0:19.0	Constitution among the American people.
0:22.0	President Trump left office this week shortly after the House voted to impeach him.
0:28.0	On today's episode, I'm joined by two of America's leading constitutional commentators who will debate the question,
0:36.0	can the Senate try and convict the President for impeachable offenses after he's left office?
0:42.0	Judge J Michael Lutig was recently named counselor and
0:46.2	special advisor to the Coca-Cola Company. He is a former United States
0:50.6	Circuit judge of the United States Court of Appeals for the Fourth Circuit and a great friend of
0:55.6	We The People.
0:56.6	Judge, it is wonderful to have you back on the show.
1:00.1	Thank you, Jeff Rosen.
1:01.1	I appreciate it.
1:03.0	And Keith Whittington is William Nelson Cromwell
1:05.8	Professor of Politics at Princeton University.
1:08.4	He is the author of many books, including
1:10.6	Repugnant Laws, Judicial Review of Acts of Congress from the founding to the present.
1:15.0	He's also the author of the explainer on the impeachment clause, on the interactive constitution,
1:21.0	and blogs at The Valle Conspiracy.
1:23.3	Professor Whittington, thank you so much for joining.
	...

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