The FISA Court’s Unnecessary Secrecy

Many of the decisions of the Foreign Intelligence Surveillance Court have not seen the light of day. That’s irreconcilable with the Constitution.

#american-civil-liberties-union, #constitution-us, #espionage-and-intelligence-services, #federal-bureau-of-investigation, #first-amendment-us-constitution, #foreign-intelligence-surveillance-court, #freedom-of-speech-and-expression, #privacy, #suits-and-litigation-civil, #supreme-court-us, #surveillance-of-citizens-by-government, #united-states, #united-states-politics-and-government, #usa-freedom-act, #usa-patriot-act

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How Plessy v. Ferguson Turned Dissent Into a Badge of Honor

As the only voice on the Supreme Court against Plessy v. Ferguson, Justice John Marshall Harlan did more than anyone since the Continental Army to enshrine dissent as an American tradition.

#black-people, #civil-rights-and-liberties, #constitution-us, #discrimination, #harlan-john-marshall-1833-1911, #marshall-thurgood, #plessy-homer

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Supreme Court to Hear Abortion Case Challenging Roe v. Wade

The case, arising from a Mississippi law that bans most abortions after 15 weeks, could undermine the constitutional right to abortion established in Roe v. Wade.

#abortion, #constitution-us, #jackson-womens-health-organization, #planned-parenthood-federation-of-america, #roe-v-wade-supreme-court-decision, #supreme-court-us, #united-states-politics-and-government

0

White House Is Said to Quietly Push Change to D.C. Statehood Bill

The deliberations over the long-shot bill center on three Electoral College votes the Constitution gives to the seat of government.

#appointments-and-executive-changes, #biden-joseph-r-jr, #constitution-us, #constitutional-amendments, #democratic-party, #electoral-college, #law-and-legislation, #norton-eleanor-holmes, #senate, #states-us, #united-states-politics-and-government, #washington-dc

0

House, Biden Administration Reach Deal Over McGahn Testimony

A terse announcement signaled a possible end to a long-running constitutional lawsuit. But former President Donald J. Trump is not a party to the arrangement.

#biden-joseph-r-jr, #constitution-us, #democratic-party, #executive-privilege-doctrine-of, #house-committee-on-the-judiciary, #house-of-representatives, #mcgahn-donald-f-ii, #presidential-election-of-2020, #subpoenas, #trump-donald-j, #united-states-politics-and-government

0

You Really Shouldn’t Care About a President’s First 100 Days

Acting as if it mattered is actually a problem. 

#biden-joseph-r-jr, #bonaparte-napoleon, #constitution-us, #coronavirus-2019-ncov, #coronavirus-aid-relief-and-economic-security-act-2020, #democratic-party, #stimulus-economic, #trump-donald-j, #united-states-politics-and-government

0

Will the Supreme Court Write Guantánamo’s Final Chapter?

The justices may get a chance to redeem the court’s own failed promises.

#afghanistan, #afghanistan-war-2001, #appeals-courts-us, #biden-joseph-r-jr, #boumediene-lakhdar, #bush-george-w, #constitution-us, #decisions-and-verdicts, #detainees, #federal-courts-us, #fourteenth-amendment-us-constitution, #guantanamo-bay-naval-base-cuba, #habeas-corpus, #obama-barack, #randolph-arthur-raymond, #rao-neomi, #september-11-2001, #suits-and-litigation-civil, #supreme-court-us, #terrorism, #united-states

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Constitutional Challenges Loom Over Proposed Voting Bill

The sprawling legislation, known as H.R. 1, could result in lawsuits leading to a dozen Supreme Court cases, legal experts said.

#campaign-finance, #civil-rights-and-liberties, #constitution-us, #democratic-party, #elections-house-of-representatives, #federal-state-relations-us, #house-of-representatives, #law-and-legislation, #presidential-elections-us, #redistricting-and-reapportionment, #republican-party, #senate, #state-legislatures, #suits-and-litigation-civil, #supreme-court-us, #united-states-politics-and-government, #voter-registration-and-requirements, #voting-rights-act-1965

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The Constitution Is More Than a Document — It’s a Conversation

In “The Words That Made Us,” Akhil Reed Amar shows how the United States Constitution was produced by a broad culture of communicators.

#amar-akhil-reed, #books-and-literature, #constitution-us, #politics-and-government, #revolutionary-war-american-1775-83, #supreme-court-us, #the-words-that-made-us-americas-constitutional-conversation-1760-1840-book

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South African President Appears Before Corruption Investigators

President Cyril Ramaphosa is testifying about graft during his predecessor’s tenure, in what analysts have characterized as a battle for the soul of the governing African National Congress.

#bribery-and-kickbacks, #constitution-us, #corruption-institutional, #johannesburg-south-africa, #mandela-nelson, #politics-and-government, #ramaphosa-cyril, #south-africa, #zuma-jacob-g

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Voting Rights Standoff Stalls Trump-Inspired Ethics Measures

After the Trump presidency, democracy activists and many Democrats seized a moment to rebuild constitutional guardrails, but the effort could die in the face of a larger fight over voting rights.

#biden-joseph-r-jr, #conflicts-of-interest, #constitution-us, #ethics-and-official-misconduct, #law-and-legislation, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

0

House Approves D.C. Statehood, but Senate Obstacles Remain

The vote reflected broad support among Democrats. But Republican opposition could stall the measure in the Senate.

#biden-joseph-r-jr, #civil-rights-and-liberties, #constitution-us, #democratic-party, #house-of-representatives, #law-and-legislation, #norton-eleanor-holmes, #republican-party, #senate, #states-us, #united-states-politics-and-government

0

Uncomfortable Timing for a Supreme Court Gun Fight

The justices contemplate expanding arms rights in the wake of mass shootings.

#alito-samuel-a-jr, #barrett-amy-coney, #bush-george-w, #clement-paul-d, #constitution-us, #firearms, #gorsuch-neil-m, #gun-control, #kavanaugh-brett-m, #mass-shootings, #national-rifle-assn, #new-jersey, #new-york-state, #rehnquist-william-h, #roberts-john-g-jr, #second-amendment-us-constitution, #suits-and-litigation-civil, #supreme-court-us, #thomas-clarence

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Supreme Court Commission to Scrutinize Reforms Beyond Expanding Justice Seats

President Biden’s new panel, which is set to meet on Friday, has ambitions to tackle many other proposals to overhaul the court.

#biden-joseph-r-jr, #constitution-us, #law-and-legislation, #supreme-court-us, #term-limits-political-office, #united-states-politics-and-government

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Trump’s Killing Spree Continues

Arizona follows a model that lets the government ignore questions of cruelty.

#arizona, #barr-william-p, #brnovich-mark, #capital-punishment, #constitution-us, #criminal-justice, #food-and-drug-administration, #poisoning-and-poisons, #trump-donald-j

0

By 5-4 Vote, Supreme Court Lifts Restrictions on Prayer Meetings in Homes

The court shifted direction in cases on Covid-related limits on religious services after Justice Amy Coney Barrett replaced Justice Ruth Bader Ginsburg.

#appeals-courts-us, #barrett-amy-coney, #constitution-us, #coronavirus-2019-ncov, #first-amendment-us-constitution, #ginsburg-ruth-bader, #kagan-elena, #places-of-worship, #prayers-and-prayer-books, #roberts-john-g-jr, #supreme-court-us

0

Testing an Opaque Security Power, Michigan Man Challenges ‘No-Fly List’

The plaintiff, a Lebanese-American, says he was barred from flying after refusing to become an F.B.I. informant.

#airport-security, #american-civil-liberties-union, #constitution-us, #hezbollah, #justice-department, #michigan, #muslim-americans, #suits-and-litigation-civil, #terrorism, #united-states-politics-and-government

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The Authoritarian Plan for a National Abortion Ban

Some on the right want the Supreme Court to go beyond ending Roe.

#abortion, #birth-control-and-family-planning, #center-for-reproductive-rights, #constitution-us, #constitutional-amendments, #douthat-ross-g, #finnis-john, #first-things-magazine, #fourteenth-amendment-us-constitution, #pregnancy-and-childbirth, #republican-party, #roe-v-wade-supreme-court-decision, #supreme-court-us

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Case on Police Violence Reveals Fault Lines at Supreme Court

In a sharp exchange, dissenting conservatives suggested that Chief Justice Roberts warped the law in response to public sentiment.

#appeals-courts-us, #constitution-us, #fourth-amendment-us-constitution, #gorsuch-neil-m, #kavanaugh-brett-m, #police-brutality-misconduct-and-shootings, #roberts-john-g-jr, #search-and-seizure, #supreme-court-us

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Do We Have to Pay Businesses to Obey the Law?

A motel owner in 1964 sued over being forced to accommodate Black patrons. Now agribusinesses are borrowing his argument to bar union organizers.

#agriculture-and-farming, #atlanta-ga, #black-people, #california, #civil-rights-and-liberties, #constitution-us, #discrimination, #labor-and-jobs, #land-use-policies, #organized-labor, #regulation-and-deregulation-of-industry, #suits-and-litigation-civil, #supreme-court-us, #workplace-hazards-and-violations

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The Roadblocks to Equal Rights for Women, a Century Later

A House vote moves the Equal Rights Amendment closer to becoming part of the Constitution. But an uphill climb in the Senate remains.

#constitution-us, #constitutional-amendments, #equal-rights-amendment, #house-of-representatives, #law-and-legislation, #united-states-politics-and-government, #women-and-girls, #womens-rights

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How to Counter the Republican Assault on Voting Rights

Congress should consider a targeted federal law to slow the march of restrictive state laws.

#constitution-us, #federal-state-relations-us, #republican-party, #state-legislatures, #united-states-politics-and-government, #voter-registration-and-requirements

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Biden Administration Faces Legal Fight Over State Aid Restrictions on Tax Cuts

The litigation came amid growing pushback from Republican lawmakers and state officials to a provision in the relief package that the Treasury Department said was constitutional.

#american-rescue-plan-2021, #attorneys-general, #constitution-us, #federal-state-relations-us, #ohio, #republican-party, #states-us, #stimulus-economic, #suits-and-litigation-civil, #taxation, #treasury-department, #united-states-economy, #united-states-politics-and-government

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How to Tame the Presidency After Trump

Congress needs to find creative ways to engage the executive branch that favor cooperation over conflict.

#biden-joseph-r-jr, #constitution-us, #consumer-financial-protection-bureau, #house-of-representatives, #inspectors-general, #kagan-elena, #law-and-legislation, #supreme-court-us, #trump-donald-j, #war-and-emergency-powers-us

0

Supreme Court Backs Georgia Gwinnett College Student’s Free Speech Lawsuit

The 8-to-1 ruling said courts may hear suits seeking only nominal damages. Chief Justice John G. Roberts Jr., dissenting, said the majority had turned judges into advice columnists.

#colleges-and-universities, #constitution-us, #federal-courts-us, #freedom-of-speech-and-expression, #georgia-gwinnett-college, #kagan-elena, #roberts-john-g-jr, #suits-and-litigation-civil, #supreme-court-us, #swift-taylor, #thomas-clarence, #uzuegbunam-chike

0

How Democrats Could Have Made Republicans Squirm

G.O.P. lawmakers were unlikely to convict Trump. But a different approach to impeachment would have been more difficult for them to ignore.

#biden-joseph-r-jr, #constitution-us, #democratic-party, #hamilton-alexander, #house-of-representatives, #impeachment, #pence-mike, #presidential-election-of-2020, #senate, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #voter-fraud-election-fraud

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Trump’s Lawyers Deny He Incited Capitol Mob, Saying It’s Democrats Who Spur Violence

The former president’s legal team rested its case without using even a quarter of the 16 hours allotted to it.

#biden-joseph-r-jr, #castor-bruce-1961, #constitution-us, #democratic-party, #house-of-representatives, #impeachment, #pence-mike, #plaskett-stacey-1966, #presidential-election-of-2020, #raskin-jamie-1962, #republican-party, #schoen-david-i, #senate, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government, #van-der-veen-michael-t

0

House Managers Rest Their Case Against Trump, but Most Republicans Are Not Swayed

Their warning that the ex-president remains a danger to democracy and could foment still more violence if not barred from running for office again does not convince his fellow Republicans.

#constitution-us, #democratic-party, #impeachment, #presidential-election-of-2020, #raskin-jamie-1962, #republican-party, #senate, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

0

House Lays Out Case Against Trump, Branding Him the ‘Inciter in Chief’

The Democratic House impeachment managers opened their case against the former president with a narrative of his monthslong effort to overturn the election and raw footage of the Jan. 6 Capitol attack.

#biden-joseph-r-jr, #capitol-building-washington-dc, #constitution-us, #democratic-party, #impeachment, #lieu-ted-w-1969, #presidential-election-of-2020, #republican-party, #senate, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-capitol-police, #united-states-politics-and-government

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Meaning of Incitement May Differ in a Court Than in an Impeachment Trial

The Supreme Court has placed strict First Amendment limits on incitement charges in court. But many legal scholars say they do not apply in impeachment trials.

#constitution-us, #decisions-and-verdicts, #freedom-of-speech-and-expression, #impeachment, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

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Senate Agrees Trial Is Constitutional With Little G.O.P. Support

After a day that featured a harrowing video of the Jan. 6 assault on the Capitol, only six Republicans joined Democrats in agreeing to allow the trial to proceed, signaling there is not enough support for a conviction.

#biden-joseph-r-jr, #capitol-building-washington-dc, #constitution-us, #democratic-party, #house-of-representatives, #impeachment, #republican-party, #senate, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

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Impeachment Guide: Start Time, Streaming and Arguments

Debate will begin at 1 p.m. on Tuesday. Though the trial is expected to be fast-paced, oral arguments could stretch into next week.

#constitution-us, #impeachment, #senate, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

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Would the Founders Convict Trump and Bar Him From Office?

They believed as a matter of civic principle that ethical leadership is the glue that holds a constitutional republic together.

#constitution-us, #corruption-institutional, #ethics-and-official-misconduct, #franklin-benjamin, #hamilton-alexander, #impeachment, #madison-james-1751-1836, #philadelphia-pa, #senate, #trump-donald-j

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Trump Impeachment Team Denies Incitement in Legal Brief

The lengthy legal brief provided the first extended defense of former President Donald J. Trump’s conduct since the Jan. 6 assault on the Capitol. It arrived as senators locked in rules for an exceedingly fast trial.

#biden-joseph-r-jr, #constitution-us, #democratic-party, #house-of-representatives, #impeachment, #mcconnell-mitch, #republican-party, #schumer-charles-e, #senate, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

0

First Up at Trump’s Impeachment: Can a Former President Stand Trial?

To avoid having to make a judgment about Donald J. Trump’s conduct in the Jan. 6 riot, Republicans have argued the proceeding is unconstitutional.

#constitution-us, #cooper-charles-j, #ethics-and-official-misconduct, #impeachment, #paul-rand, #republican-party, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

0

The Trump Trial Wouldn’t Have Been Possible Without This Impeachment

The House managers in 1876 thought they had established a precedent. They did not count on modern Republicans.

#constitution-us, #house-of-representatives, #impeachment, #paul-rand, #republican-party, #senate, #trump-donald-j, #united-states, #united-states-politics-and-government

0

Breaking With G.O.P., Top Conservative Lawyer Says Trump Can Stand Trial

Charles J. Cooper, a stalwart of the conservative legal establishment, said that Republicans were wrong to assert that it is unconstitutional for a former president to be tried for impeachable offenses.

#conservatism-us-politics, #constitution-us, #cooper-charles-j, #impeachment, #republican-party, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

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Impeachment Case Against Trump Aims to Marshal Outrage of Capitol Attack

Armed with lessons from the last impeachment trial of Donald J. Trump, prosecutors plan a shorter, video-heavy presentation to confront Republicans with the fury they felt around the Capitol riot.

#constitution-us, #impeachment, #presidential-election-of-2020, #raskin-jamie-1962, #schiff-adam-b, #senate, #storming-of-the-us-capitol-jan-2021, #trump-ukraine-whistle-blower-complaint-and-impeachment-inquiry, #trump-donald-j, #united-states-politics-and-government, #voter-fraud-election-fraud

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Impeachment Case Argues Trump Was ‘Singularly Responsible’ for Capitol Riot

The House managers cited the Constitution’s framers in urging that Donald J. Trump be convicted and disqualified from holding office. Mr. Trump’s lawyers said the Senate had no jurisdiction.

#constitution-us, #democratic-party, #freedom-of-speech-and-expression, #house-of-representatives, #impeachment, #presidential-election-of-2020, #republican-party, #senate, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

0

The Republican Argument Against Impeaching Trump Is Dangerous

By Republicans’ logic, a president is free to commit insurrection so long as it’s at the end of his term.

#constitution-us, #impeachment, #paul-rand, #republican-party, #senate, #trump-donald-j, #united-states, #united-states-politics-and-government

0

Trump’s Lawyers Are Unlikely to Focus on Election Fraud Claims

While Mr. Trump has argued for it, his lawyers will instead echo the argument of many Republicans that the impeachment trial of a former president is unconstitutional.

#castor-bruce-1961, #constitution-us, #impeachment, #presidential-election-of-2020, #schoen-david-attorney, #senate, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government, #voter-fraud-election-fraud

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Mitch McConnell Should Leave the History Lessons to Others

The framers did not want a Senate supermajority to be required to pass ordinary legislation.

#constitution-us, #debates-political, #elections-senate, #filibusters-and-debate-curbs, #hamilton-alexander, #law-and-legislation, #madison-james-1751-1836, #mcconnell-mitch, #republican-party, #tax-cuts-and-jobs-act-2017, #united-states-politics-and-government

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The Supreme Court Upheld Trump’s Muslim Ban. Let’s Not Forget That.

The decision offers a warning for the future.

#biden-joseph-r-jr, #constitution-us, #discrimination, #executive-orders-and-memorandums, #freedom-of-religion, #immigration-and-emigration, #muslims-and-islam, #supreme-court-us, #trump-donald-j

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Republicans Rally Against Impeachment Trial, Signaling Likely Acquittal for Trump

All but five Republican senators voted to challenge the constitutionality of the trial, suggesting that Democrats were unlikely to find the 17 they would need to join them in convicting the former president.

#constitution-us, #democratic-party, #impeachment, #leahy-patrick-j, #mcconnell-mitch, #paul-rand, #republican-party, #schumer-charles-e, #senate, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

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Republicans Waver on Convicting Donald J. Trump

House managers presented the Senate with an article charging Donald J. Trump with “incitement of insurrection.” But Republicans are increasingly indicating they are unlikely to find him guilty.

#constitution-us, #democratic-party, #house-of-representatives, #impeachment, #mcconnell-mitch, #presidential-election-of-2020, #republican-party, #senate, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

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Biden Should Rally Senate Democrats to Kill the Filibuster

Democrats must kill the filibuster and make the Senate great again.

#biden-joseph-r-jr, #constitution-us, #filibusters-and-debate-curbs, #law-and-legislation, #manchin-joe-iii, #mcconnell-mitch, #politics-and-government, #republican-party, #senate, #trump-donald-j, #united-states, #united-states-politics-and-government

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Inauguration History and Facts: Who Was the First New President to … ?

The inauguration has evolved a bit from George Washington’s day.

#adams-john-1735-1826, #biden-joseph-r-jr, #constitution-us, #inaugurations, #presidential-transition-us, #presidents-and-presidency-us, #trump-donald-j, #united-states-politics-and-government

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Why Are There So Few Courageous Senators?

Here’s what we need to do if we want more Mitt Romneys and fewer Josh Hawleys.

#byrd-robert-c, #constitution-us, #cruz-ted, #elections-house-of-representatives, #elections-senate, #hawley-josh-d-1979, #politics-and-government, #republican-party, #senate, #united-states-politics-and-government

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Has Trump’s Reckoning Come Too Late?

Finally the world agrees that Trump is exactly the man his fiercest critics said he was. But has the reckoning come too late?

#biden-joseph-r-jr, #cheney-liz, #constitution-us, #de-blasio-bill, #el-paso-tex-shooting-2019, #federal-bureau-of-investigation, #homeland-security-department, #house-committee-on-the-judiciary, #impeachment, #inaugurations, #meijer-peter, #mussolini-benito, #pence-mike, #raskin-jamie-1962, #republican-party, #right-wing-extremism-and-alt-right, #russian-interference-in-2016-us-elections-and-ties-to-trump-associates, #storming-of-the-us-capitol-jan-2021, #trump-organization, #trump-ukraine-whistle-blower-complaint-and-impeachment-inquiry, #trump-donald-j, #trump-melania, #whitmer-gretchen

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Why Trump Can Be Convicted Even as an Ex-President

He is the poster child for why such accountability is not just constitutionally permissible but necessary.

#constitution-us, #house-of-representatives, #impeachment, #senate, #supreme-court-us, #trump-ukraine-whistle-blower-complaint-and-impeachment-inquiry

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