impeachment – Opinions

Jan. 20, Chris Jenks, professor at Dedman School of Law, SMU Dallas, for a piece advocating the U.S. Senate do away with an “oath of impartiality” in the highly political impeachment trial. Published in The Hill under the heading Why pretend senators can ‘do impartial justice’?: http://bit.ly/2LGvRrz

One of the first events that would occur at a Senate trial of Donald Trump is that Supreme Court Chief Justice John Roberts would administer an oath for the senators to “do impartial justice according to the Constitution and laws” as they sit in judgment.

If the Senate tries Trump, this oath-taking should not happen.

Why shouldn’t senators take such an oath? Because such a trial would be for the Senate to determine whether Trump incited a mob that stormed the Capitol on Jan. 6, killed five people including a police officer and injured dozens more, occupied the Senate floor and forced Congress to evacuate. Senators were the victims of Trump’s alleged misconduct and, as such, cannot possibly “do impartial justice.” The House and its members were equal victims and they impeached Trump — but did not take an oath to be impartial before doing so.

Continue reading “Why pretend senators can ‘do impartial justice’?”

Jan. 17, Dale Carpenter, constitutional law professor at SMU Dallas Dedman School of Law, for a piece arguing that President Trump does not have the right to pardon himself. Published in the Washington Post section, Made By History with the heading No, the Constitution does not allow President Trump to pardon himself: http://wapo.st/39M3QGK

Now that the House of Representatives has impeached President Trump for a second time, this time on an allegation of inciting insurrection against the U.S. government, the potential consequences for his words and actions are becoming clearer. He might be convicted in the Senate and disqualified from holding future federal office. Aside from the Senate trial, he might also be tried in federal court on a range of charges related to the attack on the Capitol.

All of this once again raises the question: Can he pardon himself? He tweeted in 2018 that he had the right to do so, but does he?

Not according to the words, history or structure of the Constitution. In fact, such an action would erode foundational legal principles in our republican form of government. No person can be a judge in his own case. Nor is the president, unlike an absolute monarch, above the law.

Continue reading “No, the Constitution does not allow President Trump to pardon himself”