“Leading Republican lawyer Charles Cooper penned an op-ed in the conservative Wall Street Journal editorial page arguing that the second impeachment of President Trump is constitutional, despite an overwhelming vote by Senate Republicans,” the U.K.-based tabloid Daily Mail reported on Monday, February 8, 2021 (read story and details about Cooper’s reasoning here; Cooper’s WSJ op-ed is here, but mostly behind a paywall).
As the Daily Mail mentions, 45 of 50 GOP senators voted that an impeachment trial after Trump left office is unconstitutional. (They can’t argue the impeachment by the House was unconstitutional, because he was still president then.)
Whether Cooper is right or wrong simply doesn’t matter. The constitutionality of the impeachment trial has nothing to do with it. Whether Trump deserves to be disqualified from future office for his conduct on January 6, 2021, has nothing to do with it, either. The former is an excuse for dodging the latter.
Gutless GOP senators will dodge holding Trump accountable any way they can; even “we can’t convict Trump because the moon is made of cheese” would do in a pinch.
Image: Artist’s conception of potential Trump impeachment defense
… It is clear enough Republicans believe the effort is unconstitutional … should trump actually be removed then the issue of whether this all is constitutional will go to the Supremes. … [This comment has been edited.]
While most GOP senators don’t agree the effort is constitutional, 6 GOP senators joined 50 Democratic senators in voting it is. Only a simple majority on this question is required, so the trial will continue. You are mistaken about the Supreme Court; impeachment is solely a legislative process, the Supreme Court has no jurisdiction over it, the Senate alone makes a final disposition, and there is no appeal from whatever the Senate decides to do.