Can an ex-President be Impeached?
Skullduggery
Michael Isikoff, Daniel Klaidman, Victoria Bassetti
4.0 • 2K 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:
- Philip Bobbitt, Herbert Wechsler Professor of Federal Jurisprudence, Columbia Law School
- Stephen Vladeck (@steve_vladeck), Charles Alan Wright Chair in Federal Courts, U. Texas at Austin School of Law
HOSTS:
- Michael Isikoff (@Isikoff), Chief Investigative Correspondent, Yahoo News
- Dan Klaidman (@dklaidman), Editor in Chief, Yahoo News
RESOURCES:
- "Four top law firms turned down requests to represent Trump" by Michael Isikoff, Yahoo News (June 6, 2017)
- "Why the Senate Shouldn't Hold a Late Impeachment Trial" by Philip Bobbitt, Lawfare (Jan. 27, 2021)
- "The Constitutional Case for the Impeachability of Former Federal Officials" by Brian Kalt, Texas Review of Law and Politics (Oct. 2001)
- INS v. Chadha (462 US 919, 1983)
- Nixon v. United States (506 US 224, 1993)
- Ex parte Grossman (267 US 87, 1925)
- The impeachment trial of William Belknap
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| 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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