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Former fed judge says Senate has no constitutional authority to impeach Trump once he leaves office

“Congress has no power to impeach or try a private citizen, whether it be a private citizen named Donald Trump or named Barack Obama, or anyone else.”



Despite all efforts by the left to tarnish President Trump’s legacy and cut his term short, a former federal judge insists that the Senate has no constitutional authority to impeach him once he leaves office and becomes a private citizen. 

In the wake of the Capitol riot, the House is expected to approve at least one article of impeachment, however an impeachment trial in the upper chamber of Congress would not begin until after Inauguration Day, if ever. 

Given that President Trump’s presidency is coming to an end in just one week, ex-U.S. Court of Appeals Judge J. Michael Luttig – who also worked in the Reagan and G.W. Bush administrations – says that this just might be a game of politics. 

“Once Trump’s term ends on January 20, Congress loses its constitutional authority to continue impeachment proceedings against him – even if the House has already approved articles of impeachment,” Luttig wrote. 

“Therefore, if the House of Representatives were to impeach the president before he leaves office, the Senate could not thereafter convict the former president and disqualify him under the Constitution from future public office,” he added. 

“The reason for this is found in the Constitution itself. Trump would no longer be an incumbent in the office of the President at the time of the delayed Senate proceeding, and would no longer be subject to ‘impeachment conviction’ by the Senate, under the Constitution’s Impeachment Clauses. Which is to say that the Senate’s only power under the Constitution is to convict – or not – an incumbent president,” he said, citing Article 1, Section 3, and Article II, Section 4.

If Trump were to be convicted in the Senate, he would be disqualified from running in 2024, according to BizPacReview. 

Perhaps this was their goal all along: impeach Trump so he can’t run again. 

If the dispute over the Senate’s impeachment abilities wound up in court, “it is highly unlikely the Supreme Court would yield to Congress’s view that it has the power to impeach a president who is no longer in office when the Constitution itself is so clear that it does not,” Luttig concluded. 

Luttig is not the only one using common sense to interpret the Constitution. 

Harvard Law professor and Democrat Alan Dershowitz reiterated that the Senate lacks any legal authority to move forward, BizPacReview reports. 

“But the case cannot come for trial in the Senate because the Senate has rules, and the rules would not allow the case to come to trial until – according to the majority leader – until 1 p.m. on Jan. 20, an hour after President Trump leaves office,” he said during an interview on Sunday Morning Futures. 

“And the Constitution specifically says, ‘The President shall be removed from office upon impeachment.’ It doesn’t say the former president,” he urged. 

“Congress has no power to impeach or try a private citizen, whether it be a private citizen named Donald Trump or named Barack Obama, or anyone else. The jurisdiction is limited to a sitting president, and so there won’t be a trial.” 

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  1. Kathy Anderson

    January 23, 2021 at 2:20 pm

    Do you think someone could tell Nancy now instead of waiting until they have spent millions of hours and dollars on the trial only to have it tossed out after? Congress has other fish to fry.

  2. Patrick Herlihy

    January 23, 2021 at 4:22 pm

    So happy to see Leo walk away from the crazy left and joint us America loving, trump supporting patriots.. Leo 2.0 ????

  3. Chiem

    January 24, 2021 at 4:17 am

    “Your honor, I freely admit I robbed that bank, but I already spent everything I stole the day after I was arrested. Since I can’t pay, you can’t fine me; since you can’t fine me, you can’t hold a trial; and since you can’t hold a trial you must free me immediately. Also, I expect to be paid for the time I spent in jail last night.”

    • Muhammad Jamaal

      January 30, 2021 at 10:37 am

      You are a “private citizen” so you will go to jail whether you pay the money back or not. Look on the bright side at least the US Congress can not try you.

  4. Richard Lukenbach

    January 24, 2021 at 9:51 am


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Biden’s Energy Secretary Violated Stock Disclosure Laws 9 Times Last Year

A spokeswoman for Granholm said that the late disclosures were the fault of a “clerical error”



Photo by JIM WATSON/POOL/AFP via Getty Images

Energy Secretary Jennifer Granholm sold shares of stock 9 times last year between April to October, but did not disclose the sales “within the legally required 45-day window, according to federal disclosure documents”, reports CNBC.

The shares of stock were worth up to $240,000. A spokeswoman for Granholm blamed a “clerical error” saying the secretary paid a late filing fee. Granholm did not file any of the 9 disclosures until December after legal deadlines for all had passed.

The STOCK Act has been in place since 2012, which “expanded the accountability and reporting requirements for financial holdings, both for members of Congress and high-level employees of the Executive Branch like Granholm” reports CNBC.

“The news of Granholm’s apparent violations comes at a time when stock sales by public officials and members of Congress are getting a fresh look” reports CNBC. “During the past week, several members of Congress, both Democrats and Republicans, have introduced or reintroduced legislation that would effectively ban lawmakers and their immediate family members from actively trading stocks while the member is in office.”

According to an analysis by Business Insider’s Dave Levinthal published earlier this month, a total of 54 members of Congress violated the STOCK Act rules just last year alone.

CNBC reports on the suspicious behavior of Granholm:

When President Joe Biden nominated her to be his energy secretary, Granholm signed a detailed Ethics Agreement in which she agreed to give up part-time jobs at the University of California and at CNN, step down from several boards, and sell millions of dollars worth of stock.

On March 22, she reported 23 stock sales, many of them blue-chip companies she had more than $10,000 of shares in.

A few months later in May, Granholm filed more transaction reports detailing how she had exercised stock options in the electric bus and battery company Proterra and then sold all her shares, worth between $1 million and $5 million, on May 24.

But in between the March blue chip sales and the May Proterra sale, Granholm made 6 of the 9 stock sales that didn’t get disclosed until December.

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Trump Says Reports On A Conflict With DeSantis Are ‘Fake News’



Ron DeSantis

During a Fox News interview on Thursday, former President Donald Trump shot down recent reports claiming that there were rising tensions between the former president and Florida Governor Ron DeSantis, saying it was “fake news” and that DeSantis has “done a really terrific job in Florida.”

Trump’s comments came in response to an article from The New York Times claiming that Trump had a “long-stewing resentment” toward DeSantis.

“For months, former President Donald J. Trump has been grumbling quietly to friends and visitors to his Palm Beach mansion about a rival Republican power center in another Florida mansion, some 400 miles to the north,” The New York Times wrote. “Gov. Ron DeSantis, a man Mr. Trump believes he put on the map, has been acting far less like an acolyte and more like a future competitor, Mr. Trump complains. With his stock rising fast in the party, the governor has conspicuously refrained from saying he would stand aside if Mr. Trump runs for the Republican nomination for president in 2024.”

Hannity said that he was recently told that DeSantis does not think there has been “any conflict or bickering” between the two and that the report was “total BS” from the mainstream media.

“Is he right?” Hannity asked.

“Well, he is right,” Trump responded. “I get along great with Ron. Ron was very good on the Mueller hoax. He was right up front along with Jim Jordan, and all of the rest of them, they were fantastic. The Republicans really stuck together. And it was a great thing. And Ron was one of them. And Ron wanted to run and I endorsed him. And that helped him greatly.”

“And he went on and he’s done a really terrific job in Florida, and I think you know, Ron has been very good,” Trump continued. “He’s been a friend of mine for a long time. It’s totally fake news. I think Ron said last week, he said it very publicly, he says the press is never going to get in the middle of my friendship with Donald Trump, we’re not going to do that stuff. And he said it very strongly, I thought it was very interesting, actually. And very nice. But he said that, and I agree with him on that 100%. No, I have a very good relationship with Ron and intend to have it for a long time.”

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