He might have a point if not for Sec 3 of the 14th amendment.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
[Post edited by graycalhoo at 01/14/2021 4:09PM]

(In response to this post by JMHoo)

Posted: 01/14/2021 at 4:08PM

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Current Thread:

Cotton: Senate can’t try a Prez after he leaves office. -- JMHoo 01/14/2021 1:32PM

He might have a point if not for Sec 3 of the 14th amendment. -- graycalhoo 01/14/2021 4:08PM

He should probably protest by abstaining from the vote. ** -- southdenverhoo 01/14/2021 3:09PM

Dominion just gonna switch it to a pro-impeach vote anyhow. Best -- Shenhoo 01/14/2021 5:34PM

I think all the Trumpublican senators should boycott the impeachment trial ** -- Hoo TV 01/14/2021 3:20PM

No one gives a shit what a hack like Tom Cotton says. ** -- WahooRQ 01/14/2021 2:21PM

If we are honest, this is a very open legal question. However, regardless -- RML Hoos 01/14/2021 2:14PM

I'm not a lawyer, but it doesn't actually look all that open to me -- Beerman 01/14/2021 3:59PM

Doesn’t it seem that if one of the sanctions for conviction can be -- SixerHoo 01/14/2021 3:10PM

Isnt he technically being charged with it while in office? -- Zhoo 01/14/2021 2:44PM

I thought it was an open question, but there's precedent ... -- Blah 01/14/2021 2:32PM

Nooooooooooooooooo!!!!! ** -- Hokieesith 01/14/2021 2:04PM

William Belknap: Secretary of War. Precedent for the executive branch. -- Blah 01/14/2021 1:48PM

Dont forget William Blount as well..... ** -- Zhoo 01/14/2021 2:53PM

He was acquitted, with some Senators taking the position that he couldn't -- JMHoo 01/14/2021 2:37PM

Are you growing more and more shamelessly dishonest by the day, or did some -- WahooRQ 01/14/2021 3:13PM

He was still impeached after out of office & tried in the Senate. -- Blah 01/14/2021 2:47PM

It's not a precedent for the courts. It would not prevent the federal -- JMHoo 01/14/2021 3:23PM

You keep implying that there's a precedent the other way, and there very -- WahooRQ 01/14/2021 3:40PM

That's fair. However, there will be a vote in the Senate. Will it be ... -- Blah 01/14/2021 3:27PM

He threw some lavish parties with the bribes he took ** -- Brown Water 01/14/2021 1:50PM

Did he have the biggest parties EVER ... by a lot? ** -- Blah 01/14/2021 1:52PM

Don't think anyone knows for sure. Likely goes to SCOTUS -- JohnHoo2 01/14/2021 1:42PM

Note to future POTUSs: you can do sick shit, jut do it at the end of term ** -- HoodatB 01/14/2021 1:41PM

Or if you have a scumbag like Mitch running the Senate, whenever you want -- Bacon 01/14/2021 1:47PM

Laurence Tribe: Apparently Tom must have skipped that Con Law class. -- HowieT3 01/14/2021 1:35PM

Of course there is disagreement - Judge Luttig -- RML Hoos 01/14/2021 2:20PM

Lutting = yet another law school classmate I didn't know ** -- Old Dorms Rule! 01/14/2021 4:07PM

Sounds like the only option is to turn trump over to Iran on Jan 21st...... ** -- Zhoo 01/14/2021 2:59PM

A thoughtful article by Tribe vs some paragraphs on Cotton's website. ** -- Seattle .Hoo 01/14/2021 1:46PM

He's wrong. But if Mitch wants to reconvene & try him tomorrow, I'm for it ** -- VAGentleman05 01/14/2021 1:34PM

... tha f does he know? ** -- WaxHoo 01/14/2021 1:33PM

Nothing, but it's another straw JM can try to grasp.** -- HowieT3 01/14/2021 1:51PM

I don't think his opinion is worth much. ** -- HoosQ 01/14/2021 1:32PM