Is Donald Trump’s Impeachment Based On Political Lust Or In Accordance With The Constitution?

Illustration of an impeachment trial. (Wikimedia Commons / United States Senate)

JAKARTA - The majority of the United States Senate (US) on Tuesday, February 9 local time, chose to hold the full impeachment trial of former President Donald Trump. The Senate supports the Democrats' argument that trials are permitted under the US Constitution.

US senators voted to continue Donald Trump's impeachment trial on charges of inciting the deadly attack on Capitol Hill, dismissing claims that the trial was unconstitutional after viewing a graphic video of the January attacks.

The Senate voted 56-44 to continue the trial of the former president, for the first time in history, rejecting most of the lawyers' arguments that a president cannot stand trial after leaving the White House.

"What they really want to achieve here in the name of the Constitution is to prohibit Donald Trump from running for political tenure again. But this is an insult to the Constitution no matter who they are targeting today", said David Schoen, one of Trump's lawyers.

United States Senate illustration. (Wikimedia Commons / US Senate)

In accordance with the constitution

In contrast to the opinion of Trump's lawyers who seem to say this impeachment is political lust. Experts consider the opposite, impeachment against the former president can be carried out in the United States. The legal experts there agree that late impeachment is constitutional. Because impeachment is not only used to dismiss from the tenure.

However, it is also possible to disqualify someone who is being impeached from the next position. This means that there are still reasons to try Trump after he is no longer the US President. And it never happens before.

The US Constitution states that one penalty for another is the disqualification of a person from holding and enjoying any position, honor, trust, or advantage in the United States. To carry out this disqualification, only a minority of members of the US Senate are required.

More specifically, Michigan State University professor of law and impeachment expert Brian Kalt said a majority of experts say it is constitutional to hold an impeachment hearing after an official leaves their tenure.

Kalt is part of a bipartisan group of about 150 lawyers, who signed a letter stating that Trump could still be convicted in the impeachment trial.

"We differ from each other in our politics, and we also differ from each other on the issue of constitutional interpretation. But despite our differences, our carefully considered legal views lead us all to agree that the Constitution permits the impeachment, punishment, and disqualification of former officials, including the president", he explained.

Reflecting on the accusations imposed on Trump inciting the deadly attack on Capitol Hill while he was still the US President, thus making it considered a violation.

Many experts believe that presidents who commit violations at the end of their tenure should not be immune from the process created by the Constitution to hold them to account. Impeachment can be used to disqualify someone from future political tenure.

What if this second impeachment fails to punish or impeach Trump? University of Colorado Constitutional Law Professor, Paul Campos said while the Senate does not punish the president, senators could hold a second separate vote to prevent him from getting tenure in the future by a simple majority.

This means that the Democratic Party as the majority of the US Senate, with Vice President Kamala Harris as Chairman of the US Senate, can impeach Trump, including running for president in 2024, even without the support of the Republican Party.