A “January Exception” To Impeachment Isn’t a Thing
Donald Trump’s second impeachment trial kicked off today. Trump’s legal team has been focusing on trying to convince senators that impeaching a now-former president is inherently unconstitutional, that they don’t have “jurisdiction” anymore. So far, it’s going … well, here’s how it’s going:
WHAT IS HE TALKING ABOUT????!!!!!!
— Stacey Oristano (@staceyoristano) February 9, 2021
What the actual fuck is he talking about?
— Bekka Supp (@valhallabckgirl) February 9, 2021
— Ben Rosen (@ben_rosen) February 9, 2021
It’s like we’re all in a Bruce Castor nightmare where he suddenly finds himself in front of the U.S. Senate defending Donald Trump from impeachment, and he isn’t prepared, so he’s just like, “free speech, uh, slippery slope, uh, we are all patriots here, aren’t we fellas?”
— Jill Filipovic (@JillFilipovic) February 9, 2021
Trump’s lawyer’s presentation is almost physically difficult to watch.
— Chris Hayes (@chrislhayes) February 9, 2021
As Democrats are arguing, the idea that you can’t impeach an elected official after they leave office isn’t actually stated anywhere in the Constitution. Moreover, claiming as much has the potential to create what some lawmakers are now calling a “January exception.”
“It’s an invitation to the president to take his best shot at anything he may want to do on his way out the door—including using violent means to lock that door,” Rep. Jamie Raskin said.
Rep. Joe Neguse echoed this, saying “There is no January exception to the impeachment power, that presidents can’t commit grave offenses in their final days and escape any congressional response.”
Basically, a “January exception” is like senioritis except instead of being about to graduate high school, you’re leaving public office and instead of being lazy, you’re doing crimes. That is absolutely not a thing.
Rep. Joe Neguse (D-CO) on the constitutionality of former Pres. Trump’s second Senate impeachment trial:
“There is no January exception to the impeachment power, that presidents can’t commit grave offenses in their final days and escape any congressional response.” pic.twitter.com/wwCbWgaNpl
— CBS Evening News (@CBSEveningNews) February 9, 2021
Phrases like “January exception” are the kind of clear, simple, catchy language that these impeachment managers should absolutely be using. Trump’s legal team is bloviating at length to try to make a whole lot of nothing sound like anything at all, and Democrats are able to come back and say, “Here’s what Republicans are trying to make happen. It’s simple and it’s wrong and don’t fall for it.”
The House managers case about Trumps would-be “January exception” to the constitution is brilliant–common sense, easy to digest, hard to argue against.
— Gloria Borger (@GloriaBorger) February 9, 2021
Right now, @RepRaskin is vindicating the best of our Founders’ ideals. It is exquisite lawyering. Perfect, sober, balanced.
A “January exception” to our impeachment clause is “an invitation to our founders’ worst nightmare,” etc.
Pitch perfect opening.
— Neal Katyal (@neal_katyal) February 9, 2021
.@RepRaskin’s “January exception” language is a powerful frame to rebuff Trump’s Constitutional argument at the outset.
— Julián Castro (@JulianCastro) February 9, 2021
House Democrats will be using the term “January exception” over and over again as their chief rebuttal to President Trump’s argument that he can no longer be tried in an impeachment trial because he is no longer in office.
— Yamiche Alcindor (@Yamiche) February 9, 2021
(image: Brent Stirton/Getty Images)
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