The debate over whether it is constitutional to impeach a president after he leaves office continues to rage in legal circles. With the second Trump impeachment trial set to begin today, lawmakers find themselves contending with the legality, precedent, and practicality of the case.
What are the arguments for and against trying a former president? John Yoo joined Dany and Marc to make the originalist argument against impeachment. He also discusses the potential far-reaching consequences of the case, the history of impeachment as a political tool, and the gaps in the US Constitution to deal with this particular case.
John Yoo is a Professor of Law at the University of California, Berkeley, and a visiting scholar at AEI. He served as a deputy assistant attorney general in the Office of the Legal Counsel of the US Department of Justice, where he worked on constitutional and national security matters, as General Counsel of the US Senate Committee on the Judiciary, and as a law clerk to Justice Clarence Thomas.