Can the Senate Impeach a Former President?

Jan 25, 2021

An impeachment trial in the Senate of a former president is unconstitutional, divisive and a waste of time. The hatred of some in the House and Senate is hurting our country and distorting the Constitution. I will share why the Senate should end this charade now. - Mat

Send your urgent fax to senators and demand they stop this unconstitutional impeachment.

Senator Mitch McConnell (R-KY) stated: "I have sent a proposed timeline for the first phases of the upcoming impeachment trial to Leader Schumer and look forward to continuing to discuss it with him." Meanwhile, Senator Lindsey Graham has called on McConnell to end this vindictive trial.

Impeachment of former office holders is unconstitutional...

The U.S. Constitution is unquestionably clear on the purpose and limits of the impeachment of a president:

Article 2 Section 1 states: "The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years..."

Article 2 Section 4 states: "The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."

The key word in each of these constitutional provisions is "office."

According to the plain language of the Constitution, impeachment may ONLY be used against a person currently in office.

As of January 20, Donald J. Trump left the office of the president.

If impeachment could be used against former office holders, then every former office holder could be impeached by the majority party. Indeed, the controlling party could impeach all future presidential candidates who were former office holders.

The best way to get an urgent message to key senators is through our faxing program. Congressional fax machines cannot be turned off, so they cannot ignore you. Senators urgently need to hear from you, demanding that they not discard the Constitution they are sworn to uphold. Send your urgent fax now.


The House impeachment was a "kangaroo court" with no due process...

House Speaker Nancy Pelosi (D-CA) rushed a vote to impeach President Trump and never afforded him due process to defend himself. There were no witnesses, no evidence and President Trump was denied the opportunity to defend himself.

Senator Lindsey Graham stated this House impeachment went through "without one witness being called and without a lawyer."

Known ISIS bombers are treated to a fairer trial than the President of the United States experienced at the hands of Nancy Pelosi. Even the kangaroo courts of repressive regimes usually provide a sham "defense," for appearances sake, but Trump had none at all!

Join me in demanding that the Senate stand against this destruction of due process in our nation. This mockery of justice should not be welcome by anyone in leadership of our nation.

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Impeachment is divisive...

I can't think of anything more divisive for our nation than for the Senate to move forward with a Trump impeachment trial. However, Leader McConnell appears to look forward to this sham trial.

The Democrats, and some establishment Republicans, want to impeach Trump so that, in their words, he will not be able to run for office in the future. But once an office holder is no longer in office, impeachment is not an option.

This sham trial is really an attempt by most Democrats and some Republicans to IMPEACH ANYONE WHO VOTED FOR PRESIDENT TRUMP. Big Tech is trying to silence you and so are some career politicians.

This is outrageous!

Act now to get your fax into the offices and on the desks of senators to end this impeachment sham.


Liberty Counsel defends faith and freedom. Whether we are educating constituents, elected officials or providing legal representation to Americans who have had their constitutional rights trampled upon by power-mad governors and bureaucrats... Liberty Counsel is there for our clients.

Right now, we are leading the nation defending pastors and churches. In addition to our many active cases, thousands of other churches are relying on us for counsel. One client group of churches in California faces up to a million dollars in fines. Our litigation on behalf of Harvest Rock Church and Harvest International Ministry will free this church from such oppression. We should receive a ruling any day on our California client churches.

NO ONE should have to decide between ceasing worship or going to jail. Yet, that is the choice many pastors face every day in California. We will not rest until power-hungry governors are stopped and America’s churches are freed!

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Finally, keep praying in the spirit of 2 Chronicles 7:14. Our land needs healing and God hears our prayers!

Mat Staver
Chairman
Liberty Counsel

P.S. Don't forget! The 2021 Challenge Grant will DOUBLE THE IMPACT of any donation. Please, give as generously as you can. Select here.

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Sources:

Doyle, K. (2021, Jan 13). Trump allies await a new impeachment defense strategy. Washington Examiner.

Graham, L. (2021, Jan 21 at 12:41 PM). @LindseyGrahamSC. Twitter.

Phillips, J. (2021, Jan 22). Pelosi: Articles of Impeachment to Be Delivered to Senate on Monday. The Epoch Times.

Sherman, G. (2021, Jan 7). "They're Being Told to Stay Away From Trump": After a Day of Violence and 25th Amendment Chatter, Trump's Allies Are Jumping Ship. Vanity Fair.

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