Impeaching a Former President Is Plainly Constitutional

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan argues that the text of the Constitution makes clear that Congress has the power to impeach and convict Donald Trump, even though he is no longer President. Buchanan describes the unambiguous textual support for this conclusion, which Buchanan (and others) argue is also amply supported by the Constitution’s purpose, structure, and other interpretive approaches.

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United States v. ____ ____

Docket: 19-____

Opinion Date: January 26, 2021

Judge: John M. Rogers

Areas of Law: Criminal Law

X pleaded guilty in 2014 to possession with intent to distribute Oxycodone and was sentenced to 150 months’ imprisonment. While serving his sentence at a North Carolina federal correctional institution, X heard another inmate state that “if you ever want to get rid of a body, hogs is the way to go” and that “it was easy to kill someone without leaving evidence.” X told the FBI and police about the comments. X subsequently persuaded the inmate to confess to the murder of his adopted daughter. The inmate led the police to where he and his wife had disposed of the body. The inmate and his wife pleaded guilty to the murder. The government filed a motion to reduce X’s sentence pursuant to Federal Rule of Criminal Procedure 35(b) based on his substantial assistance and recommended that the court reduce X’s prison sentence by 12-18 months. The district court granted the motion the same day that the motion was filed and reduced X’s prison sentence by 12 months. The Sixth Circuit remanded and issued a redacted opinion. The district court erred in ruling without giving X the opportunity to present evidence and argument.