A letter signed by around 170 legal scholars about the constitutionality of the impeachment of former officials appeared in today’s presentation of the impeachment proceedings in the Senate in which the property managers are taking action against Trump. A televised image of the slide the managers used is shown above.
The letter was signed by a wide variety of constitutional lawyers from across the political spectrum, including VC bloggers Jonathan Adler, Sasha Volokh, and myself. Other prominent conservative or libertarian signatories include Steve Calabresi (co-founder of the Federalist Society and leading academic expert on executive power) and Michael Stokes Paulsen (prominent academic expert on impeachment and executive power). It was also signed by Prof. Brian Kalt, author of the leading scholarly article on the prosecution of former officials.
Another VC co-blogger, Prof Keith Whittington of Princeton University, did not sign the letter but wrote an excellent article on lawfare that came to the same conclusion. Keith is one of the foremost legal scholars in the country. I myself wrote about the problem here before. I previously blogged about the letter and its meaning here.