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Top Republican Says Trump Can Stand Trial

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A top conservative constitutional lawyer argued that former President Donald Trump can stand trial for his impeachment case. In an opinion piece, conservative lawyer Charles “Chuck” J. Cooper dismissed GOP claims that it’s unconstitutional to try a former president.  

RELATED: 45 GOP Senators Say Trump Impeachment Dead on Arrival

Unconstitutional To Impeach Trump

The House filed an article of impeachment against Trump, charging him with “incitement of insurrection” in connection with the  January 6 Capitol riots. Since the riots, the GOP leadership made little effort to defend what happened. Instead, they argued that Trump, who already left office, shouldn’t need to face a trial. They said that the Constitution’s penalty for a conviction is removal from office. Since Trump already left office, the rule can’t apply to him.

When the House sent the impeachment to the Senate, Republican Senator Rand Paul (KY), raised a point of order challenging the trial’s constitutionality, forcing a vote. 45 Republican senators, including Senate Minority Leader Mitch McConnell (KY). McConnell already said he believed that Mr. Trump committed impeachable offenses, but did side with Paul. However, the point of order lost in the voting, 55-45. It did send a foreshadowing of how the impeachment trial will turn out.

Cooper’s Argument

Cooper, who closely allies himself with top Congressional Republicans, said that Paul misread the Constitution. “The provision cuts against their interpretation,” he wrote. Then, he argued that “it defies logic to suggest that the Senate is prohibited from trying and convicting former officeholders” if the Constitution allows the Senate to bar officials convicted of impeachable offenses from holding public office again in the future.

The esteemed lawyer said that the provision cuts against the GOP interpretation. It simply establishes a “mandatory minimum” punishment: If an incumbent officeholder is convicted by a two-thirds vote of the Senate, he is removed from office as a matter of law. However, if removal is the only punishment, then trying former officers wouldn’t hold. According to Cooper, it isn’t. He said that Article I, Section 3 authorizes the Senate to impose an optional punishment on conviction. It also prescribes the additional punishment of “disqualification to hold and enjoy any office of honor, trust, or profit under the United States.”  This only applies only to former officers.

Changing Minds

More than his argument, Cooper’s opinion goes against the grain with his Congressional allies. He is known as a close confidant and adviser to Congressional Republicans, including Senator Ted Cruz (TX) and Representative Kevin McCarthy (CA). Also, he worked as a lawyer for conservative stalwarts like former NSA advisor John R. Bolton and former Attorney General Jeff Sessions. In addition, also defended California’s same-sex marriage ban and worked on behalf of the National Rifle Association. Now, he’s taking the opposite side of his Republican clients and confidants.

Sources say that Cooper’s opinion piece was a result of his dismay over the GOP’s inaction against Trump. In addition, it’s not yet known if this can have any influence on the Republican senators who have yet to decide on Trump’s fate. Many senators said their agreement with Paul’s point of order did not mean opposition to hearing the case. In order to convict Trump, a total of 17 Republicans need to side with all 50 Democrats to provide the ⅔ majority.

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Changing Minds

Cooper himself thinks he is changing minds. He wrote in his opinion piece that since the vote, “the serious weakness of Mr. Paul’s analysis” continues to erode as legal experts’ understanding of the issue evolves. “The senators who supported Mr. Paul’s motion should reconsider their view and judge the former president’s misconduct on the merits,” he wrote.

Watch the ABC News video where Senator Chuck Schumer announces the Trump Impeachment trial:

What should Americans expect to gain from the Trump impeachment trial?

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Do you agree with lawyer Chuck Cooper that former president Donald Trump’s impeachment trial is not unconstitutional? Or, do you still think it doesn’t make sense to impeach Trump at this point? Share with us your thoughts and comments about the matter.

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45 Comments

45 Comments

  • lester millard says:

    waste of time and money

  • Richard Rayner says:

    This hole thing is a bunch of bullshit, you senators should be dealing with the Covd 19 and the economy , you people sure no how to waste time

  • Dan Curtis says:

    Democrats just like spending our tax money. There is nothing to gain by this trial. Are Democrats doing such a bad job or will they that they fear holding the office for a second term, so eliminate the competition.

  • Leo says:

    If Mr. Trump did as the Dems says he did, which he didn’t, then as a private citizen he can be called to justice by the civil authorities against a now private citizen. The Dems are making a mockery of law, order, justice, and the Constitution. They are just after blood, not justice.

  • Pam C says:

    Biggest time waster of the century

  • Mike says:

    What a bunch of horse shit typical communist democrat bs Pelosi is such an ignorant drunken broad all she cares about is her personal vendetta against president trump wonder how the drunken old hag is going to cost the us taxpayers this time
    Trump 2024!

  • Stephen 1 says:

    All you morons dont like democrats.So dont take your stimulus checks.Trump should be prosecuted but the repubicans have no balls to do what’s right.The man is a cancer and you you idiots do is kiss his ass.If you dont like how the democrats do things .maybe you ought to move to russia and suck up to putin how trump does and is.

  • Deanna says:

    VERY unconstitutional!!! STOP worrying about a VENDETTA AND COSTING TAXPAYERS MONEY!!!

  • Peter Bellerose says:

    Trump is the BEST president we ever had he’s a business man buying and selling, he’s definitely not like politicians who take and not give back he told us what he was going to do AND did it. Politicians don’t like that they want to fill there pockets before before the people get anything

  • FedUp says:

    You should move to China. You will like it there!! You’re right! We don’t like demonRATS! They’re out to sell us to China!

  • Robin S says:

    No one is above the law, not even Trump. He should be held accountable because he incited a riot people….a riot that ended in someone losing their life. If that’s not wrong, I don’t know what is.

  • Suzi Cossett says:

    He did nothing wrong and he is not in office now…stop wasting wotds….time and money

  • Ed Campbell says:

    The democrats are opening a can of worms. Standby for impeachments for Obama, Pelosi, Schumer, Waters, and Clinton. What goes around comes around.

  • Leslie Clyde Bryant says:

    whether the opinion is right or wrong is a moot point the only person the constitution allows to be judge over an impeachment trial is the chief justice of the supreme court and he has refused to do so. That seems to mean that he believes that it is unconstitutional to have an impeachment trial.

  • Thomas A Dietz says:

    Another establishment Republican who has issues but failed while Trump was President. Another sore loser.

  • Robo says:

    If this fiasco goes on then let’s go back to Benghazi and do some
    impeaching of two people who are guilty of a deadly crime. and are no longer in office

  • Nancy Mason says:

    It accomplishes nothing at all. Just demons wasting time and money

  • deborah Dryden says:

    President Trump did not incite a riot. Antifa and BLM incited the riot. They let it be known ahead of the rally that they would be there disguised as Trump supporters to create chaos and violence. There are pictures of their members there inside the Capitol building. This charade of an impeachment is an attempt to make sure President Trump can not run again in 2024.
    Now that Biden is in and he has all but snubbed Antifa and BLM, they’ve protested on his inauguration and were in DC protesting on Saturday, February 6.

  • Honest says:

    Like Biden,,,,, If you see Schumer’s lips moving it is because he is Lying~

  • Missoula Mike says:

    The tip off this was BS was “aligned with top republicans”. This was a swamp creature braying the party line.

  • Drifter says:

    schummer-boomer-idiot. What do the dimorats fear? Why are they so scared of TRUMP?
    So far there is not a dimorat in congress that is worth more than a dump in the outhouse!!!

  • Susan says:

    Democrats are to blame. Why didn’t we have an investigation into voter fraud? The proof would have ended the questions that need to be answered.
    Furthermore, blaming Trump for Pelosi’s incompetence in not having security raised, knowing Thousands were there to support President Trump. She turned down several offers from the National Guard. As far as we know, she could have been involved. It’s like when they accuse the gun of killing someone and not the shooter. We have INCOMPETENT LEADERSHIP in the Democrat House and Senate. They didn’t wait for an investigation, something that the Obama administration was guilty of on many occasions causing the race discrimination to fester and cause a divide. Democrats are not working for their constituents, but for their showboating power and financial enhancements. Americans found their voice in Trump and they resent him for it. All of his successes they erased, but they won’t be forgotten, only the Communist Left who are waging a war against Americas Freedom or Communism. We the People will not let Hitlers playbook the Democrats are using play out this time. We will continue to support the best President of our life time, Greed and Power define the Democrats, Fairness, Honor, Integrity define Trump.

  • sheila joyner says:

    I I do not

  • Stephen 1 says:

    Yeah Trumpturd is such a businessman I forgot tell me how many times he file for bankruptcy?How many states does his campaign owe money to for his lying rallies?The man is a cheat and a crook.How many businesses has he not paid?He has hired immigrants to work for him then even screws them over.The man is such a businessman his father gave him tons of money trumps only successful business was his tv show the apprentice.He should be in prison

  • CT says:

    Watching is very depressing to know senators have no respect for the law or evidence. I will say again the senators are much responsible for the riot at the capitol as Trump and his boys. They are telling Trump’s gangs they agree the election was stolen . The impeachment is a joke which is not nothing to laugh at. Take a person killing five people with ten witnesses testifying for the state. The defendant goes home not guilty. His jury was made up with family members having no concern for the evidence such as the Republicans in office. They will again find Trump not guilty. If the senators had done their duty to protect the constitution in the last impeachment five people would not have been harmed and killed during the Capitol’s mob. It would be interesting now to know how many senators would have been harmed. Without the protection they received you can be sure the UN-Educated follows had no ideal which senators were Republicans or Democrats. It is sick to say let Trump alone. He is their God and do not want him nailed to the cross.

  • Steven Rauch says:

    The initial idea to impeach Trump for this was a knee jerk reaction for the riot by outside groups from Antifa and others. They wanted to nail Trump for SOMETHING and this was their last chance to do it!
    Since that FATEFUL DAY THAT SHALL GO DOWN IN INFAMY further investigation has shown that it was all planned days ahead and that Trump had nothing to do with it and now a KNEE JERK REACTION has turned into a JERKS REACTION!! The only reason they want Trump to tetify is they have nothing to impeach him for!!!

  • Chas says:

    What is so very disconserning about all this is, the new left wing progressive democrats could bring charges against any one of us, at anyplace and anytime regardless. It could be just that they did not like the color of your skin, the clothes or shoes you might have been wearing that day! The democrats would due this country justice by stop once again wasting our tax payers money! Bring this country togather instead of this horse and pony show, and distroying thousands of jobs and getting us further and further into a trillion dollar money pit that we have no chance of climbing out from in any of our life times! The saying don’t throw rocks at glass house’s, fits the bill in this situation to the point!!!

  • Dorothy Hook says:

    This is just more of the Democratic BS we have seen for 4 years. If you are a Republican and do anything to further harm our 45th President I will do everything I can to see you are not re-elected! I am tired of fighting the Democrats and Republicans.

  • JimP says:

    Mike’s reply says it all as well as anything I could say. This is just more vindictive dim/communist BS. Waste more taxpayer money. Don’t hold your breath waiting for anything constructive to come from this charade or anything else the dims come up with. L&L

  • Anonymous says:

    Democrats are doing the same thing as the first time wasting time and money 💰, also Cooper insisting that you can go after a former president should have in my opinion opened the door to go after Clinton and Obama.

  • CyndiSue says:

    You know when President Trump was in office, it was suggested that those who don’t agree with with his attempts to get our country moving in the right Constitutional direction, “move out of the country if you don’t like it”. Many said that they would (very publicly) but I don’t remember seeing anyone actually doing it. Now you guys are spouting out the same crap like little lemmings who will jump off a cliff if everyone else does it. Because if everyone around me is doing and saying the same thing, it has to be right, doesn’t it? Good grief! Do you guys not look for your news anywhere but the mainstream media?! You are spouting out the same catch phrases as Fox News, CNN, MSNBC and the like. Start thinking for yourselves and look elsewhere for your information. All of these news agencies are being manipulated by the same group of people. Pay attention and you will see that they are all saying the same thing with same “talking points”. It is sickening! Being brainwashed into thinking what the political elite want you to has been slowly encroaching on our ability to think for ourselves. So much so that you don’t even realize it. Especially if you fall within the 30 year or less age group. Start questioning. Start looking for answers. If it doesn’t sound right, doubt it and look further. Look at complete data not what is being reported. Reporting part of a story is just plain lying and too many of you are eating it up hook, line and sinker. I fee sorry for you.

  • Ralph belmont says:

    Lets stop the Democrats time wasting our hard working money on this go no were BULL!! THANK YOU .

  • ROBERT A. ABADIE says:

    THE ONLY GOOD THING TO COME FROM ALL THIS BS IS THAT WE CAN WATCH SHIT HEAD SCHUMER AND NUT HEAD NANCY MAKE BIGGER ASS HOLES OUT OF THEM SELVES, WE CAN ALWAYS USE A GOOD LAUGH.

  • janice Alderson says:

    This hole thing is completely stupid. I am so sick and tired of all the money these people waste trying to gouge the American people out of money. Schumer and Nancy need to be put out of office for being traitors.

  • Stu Britton says:

    Let’s face it. It all starts and grows due to our educational system and can be stopped by demanding that teachers teach the subject they are paid to teach and nothing else. It is known as job description. Let’s let everyone learn to think for themselves.The impeachment trial is nothing but a hoax.

  • CWII-BRINGIT says:

    Opinions are like a$$holes, everyone including this RINO attorney has one. His opinion gets him noticed, but he is WRONG. IF not, then in the near future, the Republicans can impeach Bill Clinton, Barack Obama and the fake Biden and ho. Watch the DemonRats change their minds if that happens! PERSONALLY, I would prefer that those three minimum (hopefully a lot more) just be put in front of a firing squad for their TREASON!

  • Anonymous says:

    Taxpayer money being wasted huh.lets see how many times trump went golfing after he said he wouldn’t taxpayers paid for it.How many times did his goofy kids need secret service so they could fake as if they had a clue on what there jobs actually were.How much taxpayers money has the orange fat blob used to travel to his factless rallies to impress his undereducated followers?He wasted more taxpayer money than any other president in history.The man continually lies and cheats everyone even his followers.Cmon repubs grow a pair and do what’s right,the man needs to face up to the lives he cost during pandemic and during the insurrection which his orange fat ass lied to all of you.Laughing at you as he hid and watched.Do what’s right fry his fat ass

  • Stosh says:

    To all those that say it’s a waste, so you wouldn’t of thought it wrong if Biden had done all of those things? Said and acted as Trump had? Seems a pretty sided way of thinking. Check your logic before calling bullshit.

  • JR says:

    Sure Stephen1 and Stosh, trump cheated everyone while Biden spent his life making his money honestly. If you think him and the rest aren’t corrupt, it may be because you haven’t pulled your heads out of your asses. Are politicians go to Washington of modest means and come out wealthy. Wow, I wonder how that happens. Maybe you two can get a job with Burisma like Hunter for having zero knowledge of what your getting paid for. And we don’t have to move to Russia, it is coming to us.

  • Ben C says:

    The trial is unconstitutional and outside Senate jurisdiction. That on top of zero evidence of an insurrection. Continue on with the mock trial as it makes the Democratic Party look even more stupid.

    Ben C

  • Kenneth says:

    No ones making up our minds for us,we the people render our choices every four years and for our representives at the ballot box. You seen it the last time and you will see it again soon!!!

  • Pa John says:

    We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.

    That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

    Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

  • Stuart D Wagner says:

    Let’s impeach the Senate, and as long as we the nation, is doing that, include U.S.congress as well, as accomplices. As long as everyone, is making up there own laws and throwing all the rest away with the double standards.

  • Terry H says:

    I choose to respond briefly to what others have said where I feel it is appropriate:

    STEPHEN 1: You are a typical Dumbocrat, a moron, idiot, vitriolic…you make no sense!!

    PETER BELLROSE: You are a breath of fresh air, hit the nail RIGHT on the head bro…

    ROBIN: Get your head out of the bleep of the MSM and their fake news…Mr. Trump killed no one, no matter what you, and the MSM and Trump Derangement Syndrom folk say!

    ED CAM0BELL: Bring em on, all are Dumbocrats…hang em all…

    LESLIE: Amen, I could not say it better!! Kudos to Chief Justice Roberts, he finally does
    something constructive, after turning down Mr.Trump’s election-fraud investigation
    teams!! There was tons of evidence of fraud, not to mention mass changing of
    constitutional election laws in several, funny, all swing states, to FIX the election.
    You have to know WHERE the truth in media is, and it is not the MSM…just look beyond
    the end of your nose. Only the supposed educated elites watch and listen to the MSM,
    and not us Peons (yes, we are being peed on) who seek out and receive the TRUTH,
    conspiracy theories be damned, I never follow them, smell too much like a Dumbocrat
    and MSM twit, sorry about that but that is exactly what they are, even FOX now!!

    SUSAN: WOW, you say it all so well. Mr Trump (my respect for him) honours the military,
    the integrity of the office…we are ALL sinners, falling short of the glory of God.

    CT: You have no brains, admit it!! The Dumbocrats have the gangs…TERRORISTS we call them.

    STEPHEN RAUCH: You hit the nail on the head, Dumbocrats keep chasing after a shadow that
    has eluded them since Mr Trump rode the escalator down at Trump tower in 2015,
    a winner, still, there are many more on his side than the votes he obtained. I
    am one, a Canadian who does not have a vote, but lived in California from 1984
    to 1998…I thought I endured a lot with Hillbilly, but Dillary, and now Biden?

    ANONYMOUS: Now I know why you give no name, who/what are you hiding from??

    STOSH: Biden is a thief and you elected (rigged the election, really) him…he needs to be
    impeached, but then you get avowed Marxist Kamaalaa, start the swooning now, you fool.

    JR: Perfect, why does Biden have the multi-million $ mansion in Washington, on a Congressman
    or Senators salary, now we know, but MSM covers it all up!! He has been on the take, from
    Russia, Ukraine and China, and blame it on Mr. Trump, WOW!!. A typical Dumbocrat, blame
    others for exactly what they do. And where did Obama(nation) get the $’s for TWO multi-
    million $ mansions? And he is the one pulling the Biden puppet strings, another
    Obama(nation) disaster, his third term…illegal, but that is ok, with Dumbocrats, the end
    justifies the means, illegal or not…and now close to 100% of the media covers for this
    Democrat/MSM cabal, coup. You have not recovered from his first term, with Obama(nation)
    care, not to mention his second term fiasco, thanks to Romney(tron), wanting all the
    glory when he is as dumb as they come…should go run Staples, the best he could do!!

    Sorry for being long-winded, but as a Canadian SENIOR, I am gravely concerned about my neighbors to the south, having just returned from a visit with daughter and family, a very enjoyable one I might add. It was in San Andreas, CA one hour east of Newson(state) capital that he has proceeded to almost destroy such a beautiful state, irrespective of the recall…the damage has been done. And you can’t have another super-majority, even if it is Republican. I fear that is what you now have at the Federal level, you can NOT let the Dumbocrats fix everything in their favour now, albeit it is a very slim majority.

    It is your media, including internet, Tech giants you need to bust up and control, otherwise, free speech goes down the tube, already is, I can NOT believe it, not in the good old USA? Help us Lord. They need defanging as well, trying to silence all Conservatives (which I am here in Canada), never mind the Republican party, who have way too many Rhino’s, Mr. Trump was on his way to fixing that. I pray, pray, pray, to the one true and only God, also known as JESUS, who remains in control of EVERYTHING, our only hope, not any of our politicians, including Mr. Trump!! We do not worship him, as Obama(nations) was, sorry to tell you!!

  • Karen says:

    Well…. another circle jerk for the congress…. Guess this is how they get off?

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