The argument against trying Donald J. Trump in the Senate is short and simple. The Constitution forbids an impeachment trial of a private citizen by the U.S. Senate.
Our Founders did not permit ‘former presidents’ to be subject to impeachment trials. Article II, Section 4 of the Constitution states: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” Seems like an open and shut case that a private citizen, who is a former president, can’t be the subject of a trial in the U.S. Senate.
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