Senate Majority Leader Charles E. Schumer on Monday dismissed a “fringe legal theory” that the Senate could not hold an impeachment trial against former President Trump since he has already left office.
The New York Democrat said conservatives are trying to escape passing judgment on Mr. Trump.
His comments on the chamber floor Monday came after some Senate Republicans made arguments that the trial should not go forward against a president after he’s left office, claiming it is unconstitutional as impeachment is used to remove a sitting president, vice president or judge.
“The theory that the Senate can’t try former officials would amount to a constitutional get-out-of-jail-free card for any president who committed an impeachable offense,” Mr. Schumer said.
He noted that in 1876, the secretary of war resigned in a move to avoid impeachment, but the Senate voted then to move forward with a trial, though that individual was ultimately acquitted.
“A president or any official could wait for their final two weeks in office … to escape accountability,” Mr. Schumer said. “It defies precedent.”
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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