Trump Can Still Be Impeached After He Leaves Office

The wisdom of impeaching Trump after he has left office may be debatable, but the better originalist reading of the Constitution is that Congress has the power.

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President Donald Trump speaks during a news conference on the coronavirus outbreak at the White House, February 29, 2020.

Joshua Roberts/Reuters

As I wrote last Thursday, Donald Trump should be held morally and politically responsible for the riot that interrupted Congress from counting the electoral votes as mandated by the Constitution and forced his own vice president and members of Congress to flee for their lives. True, the rioters are also responsible for their own actions, and should be punished to the maximum extent of the law. True, Trump’s conduct would not meet the legal standard for criminal incitement of violence, which is required by the First Amendment to be a very narrow standard. And true, we should not lightly blame public figures for political violence simply because they engaged in heated rhetoric. But Trump was on the scene immediately before the riot, he riled up the crowd that stormed the Capitol building with apocalyptic language accusing Congress of being gathered to destroy American democracy, and he aimed and directed them at the Capitol. As Robert Wright explains (watch from around 8:00 to 12:45), the timing of Trump’s words and acts put a particular target on the physical safety of Mike Pence:

This has crossed a line not only compared to Trump’s previous behavior, but also compared to anything done by a president in American history. It cannot and should not simply be moved on from without some consequence.

Dan McLaughlin

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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