Trump's argument twists the meaning of the impeachment clause*, intended to limit Congress' ability to punish a president to removal from office, not turn the partisan legislative body into a high court of law in violation of the principle of separation of powers contained in Article III and elsewhere. The only reason Trump was not convicted the second time in the Senate was because not enough partisan Repugnants voted with Democrats to convict. A majority of senators thought he was guilty. Even Senator McConnell thinks a president can be prosecuted for criminal behavior in office without a pre-condition of a Senate conviction.
credit: KAL, The Economist Wackydoodle sez: He's a victim too! |
*Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.