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Skullduggery

Can an ex-President be Impeached?

Skullduggery

Michael Isikoff, Daniel Klaidman, Victoria Bassetti

Politics, White House, News Commentary, Government, Senate, Podcasts, President, House Of Representatives, News, Victoria Bassetti, Supreme Court, Michael Isikoff, Foreign Policy, Scandels, Yahoo News, Voting, Elections, Skullduggery, Daniel Klaidman

4.02K Ratings

🗓️ 2 February 2021

⏱️ 57 minutes

🧾️ Download transcript

Summary

Constitutional law scholars Steve Vladeck and Philip Bobbitt join Michael Isikoff and Dan Klaidman for a lively and extremely relevant debate on whether or not the U.S. Constitution allows for the impeachment trial of an ex-President.


GUESTS:


HOSTS:

  • Michael Isikoff (@Isikoff), Chief Investigative Correspondent, Yahoo News
  • Dan Klaidman (@dklaidman), Editor in Chief, Yahoo News


RESOURCES:


Follow us on Twitter: @SkullduggeryPod


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Transcript

Click on a timestamp to play from that location

0:00.0

The President, Vice President, and all civil officers of the United States shall be removed

0:06.7

from office on impeachment for and conviction of treason, bribery, or other high crimes

0:13.5

and misdemeanors.

0:15.8

So states the United States Constitution, Article 2, Section 4, about the power the U.S.

0:21.2

Senate is due to invoke next week when it is slated to try former President Trump for

0:26.8

inciting a riot on the U.S. Capitol January 6th.

0:30.8

But the Constitution says very little about how impeachment trials should actually be conducted.

0:36.4

Nor does it address what is arguably a crucial threshold question.

0:40.9

Is it permissible to try an ex-President like Trump who has already been removed?

0:46.3

Well he has nothing but contempt for Trump's actions in the run-up to January 6th.

0:50.7

Philip Bobbitt, a professor of law at Columbia University, argues that the answer to that

0:55.1

question is no, and that trying an ex-President like Trump could set a dangerous precedent.

1:01.4

While sharing Bobbitt's views on Trump's conduct, Steve Ladick, a law professor at

1:05.8

the University of Texas, believes the answer, both from the words of the Constitution

1:10.1

itself and historical precedent, is yes.

1:14.2

As the President scrambles to find a new legal team, and the House managers hone their

1:18.6

arguments that might persuade skeptical Republican senators, we'll talk to both Bobbitt

1:23.5

and Ladick on this episode of Skulled Agri.

1:27.1

Hi, do solemnly swear that I will faithfully execute the office of President of the United

1:34.0

States.

1:35.0

And will to the best of my building.

1:37.0

Reserve, protect and defend.

...

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