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  • The Atlantic

    Due-Process Rights Don’t Apply in an Impeachment Trial

    Depriving a president of power does not require the same protective measures as when the state deprives a private citizen of life, liberty, or property.
    by Greg Weiner Jan 28, 2020 4 minutes
    Source: Jonathan Ernst / Reuters

    Of all the arguments of President Donald Trump’s impeachment defense, one of the least compelling is the claim that impeachment proceedings have violated his right to due process.

    Trump’s lawyers hammered away at this theme both in the response to articles of impeachment they filed with the Senate on January 20 and during their opening remarks in the Senate trial over the weekend.

    The problem with this defense is its assumption that due process is relevant to impeachment. Due process protects the life, liberty, and property of private citizens. It does not create a right to occupy the White House.

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