The Impeachment of a Former President, with Richard Epstein, Andrew McCarthy, and John Yoo

 

The second impeachment trial of Donald Trump begins on February 9, 2021, but a fierce debate as to the constitutionality of trying a former president in this manner has been ongoing in the legal community for weeks. To bring some possible clarity and resolution to the matter, we assembled three of best and most cogent legal minds we know: Professor John Yoo of Berkeley Law School, Professor Richard Epstein of the University of Chicago and New York University School of Law, and Andrew McCarthy, former federal prosecutor and a legal commentator for National Review and Fox News. Two of our guests argue that a former president of the United States can be tried; one guest takes the other side of the argument. We won’t reveal who takes what angle, but we can say that both points of view get a thorough airing. We leave it to our audience to determine the winning argument.

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  1. Susan Quinn Contributor
    Susan Quinn
    @SusanQuinn

    Outstanding discussion by all of you! Thank you so much! I especially appreciated the camaraderie in spite of differences (although attorneys deal with conflict better than most of us).

    • #1
  2. DJ EJ Member
    DJ EJ
    @DJEJ

    No thanks. This sounds like as much of a waste of time as the “un”peachment itself.

    • #2
  3. Barry Jones Thatcher
    Barry Jones
    @BarryJones

    I think it is interesting that Andy pretty much seems to hang his case for insurrection on the “murder of a Capitol Police officer” when that is looking less and less factual. Richard has several strong objections and so does John. At the same time I am totally appalled by the quote from JPod – that is the nearest thing to an unhinged comment I have seen in a while. Oh my… 

    • #3
  4. Vince Guerra Inactive
    Vince Guerra
    @VinceGuerra

    I’m curious where you stand on this, Peter. 

    • #4
  5. Goldwaterwoman Thatcher
    Goldwaterwoman
    @goldwaterwoman

    Fabulous discussion and well worth the time it took. 

    • #5
  6. Functionary Coolidge
    Functionary
    @Functionary

    Excellent discussion well worth our attention. Richard Epstein stood out is a well-grounded man of principle — and incredibly articulate.

    • #6
  7. colleenb Member
    colleenb
    @colleenb

    I echo the huzzahs for this discussion. Yes the deaths that occurred on January 6 were obviously bad but the only one that can really be labeled a ‘murder’ of some degree is the woman protestor. See Byron York for his 9 questions (none of which have been answered as far as know) to the Capitol Hill police. Thanks.

    • #7
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