Jonathan Turley: The constitutionality of Trump’s accountability “a very interesting and unresolved issue”


Is the Senate accountability trial by former President Donald Trump constitutional? Jonathan Turley, a law professor at George Washington University and a Fox News fellow, said the case was a “close issue.”

Turley joined Sandra Smith and John Roberts in “America Reports” on Tuesday to provide insight into the 45th president’s second impeachment.

JONATHAN TURLEY: LOADING THE TRUMP – THE HOUSE PROVIDES THIS PRINCIPLE FOR LOADING SICKNESS INSURANCE

JONATHAN TURLEY: We all agree that this is a close issue. Most people have a default one way or another. I tend to default more to text. And I think the better argument is probably the narrower argument that there is really no room for retrospective negotiations under the text.

I think you end up with a very interesting and unresolved issue. I have improved my approach to the text and in fact I still agree … there is value in retrospective negotiations, [it’s] all you have to do is balance these costs and the text.

First of all, I thought these leaders performed very well. I thought [Rep. Joe] Neguse [D-Colo.] it was very, very good.

CLICK HERE TO THE FOX NEWS APP

They began this video with this extremely emotional narrative, which was remarkably separated from the problem before the Senate. Everyone agrees that what happened on January 6 was horrible, despicable. It was as much a disgrace as an uprising. But this does not apply to the question of whether this door should be opened before retroactive negotiations.

[On previous impeachment trials of officials who had already left office] There are only two cases and the results do not support this. In [the case of Sen. William] Blount, the case was dismissed for court reasons [in 1799]. And in [the case of former Secretary of War William] Belknap[in1876=theasenatewasalmostdismissedforbelievingthatitwasunconstitutional[in1876=almosthalfoftheSenatedismissedbecausetheybelievedthatitwasunconstitutionalandthentheywentontoacquithim[1876-ban=aszenátusmajdnemfeleelbocsátottamertazthittékhogyezalkotmányellenesmajdfelmentették[in1876=almosthalfoftheSenatedismissedbecausetheybelievedthatitwasunconstitutionalandthentheywentontoacquithim