Lawrence Trib is a Constitutional Scholar. A subject you know nothing about. Start applying to a Law School near you.
But here is what Republican Constitutional Scholars say:
Who are these “constitutional scholars” feeding Trump this radical view? Johnny McEntee, a 31-year-old former college football player with no legal training,
sent a “memo” by text message to Marc Short, Pence’s chief of staff, claiming that “Jefferson Used His Position as VP to Win” the presidency by manipulating the electoral count and so Pence could as well.* (As I’ve
explained, Jefferson did no such thing.) Rudy Giuliani, whose law license has been
suspended to “protect the public,” falsely
told Trump that there “is no question, none at all, that the VP can do this. That’s a fact. The Constitution gives him the authority not to certify. It goes back to the state legislatures.” And of course John Eastman, whose memo baldly asserted that “the fact is that the Constitution assigns this power to the Vice President as the ultimate arbiter.”
Even Eastman has backtracked a bit,
admitting that his memo was “crazy” for suggesting the plan that Pence simply reject electoral votes. Instead, he says, his real plan was for Pence to halt the count to “send it back to the states.” In
Eastman’s view, this approach was at least a modicum more reasonable, because all the delay would do is give states time to look into allegations of voting irregularities. And who cares about the federal law that prohibits it:
This is, frankly, nuts. Eastman’s idea is that because a violent mob stormed the Capitol, physically preventing Congress from sticking to the law’s two-hour time limit in the most brutally literal way, Pence could ignore the law entirely going forward. Imagine you got stuck in a traffic jam on your way to mail your tax return by the legal deadline. Even if the IRS forgave the delay, it would be decidedly unimpressed if you cited it as “precedent” for you never having to pay your taxes again.
Eastman’s view, which is really the principal constitutional scholar viewpoint Trump has clung to, was not only nonsensical. He had no idea what he was talking about and looked only so far as it took to find the legal conclusion he wanted, regardless whether it was right.
The rioters wanted to hang Mike Pence because the president told them the lie that the law was on their side.
slate.com
Former President Donald Trump can be convicted in an impeachment trial for his role in inciting the Capitol insurrection on Jan. 6 even though he is no longer in office, a bipartisan group of constitutional law scholars wrote in a letter Thursday.
“We differ from one another in our politics, and we also differ from one another on issues of constitutional interpretation,”
wrote the signatories, which include the co-founder and other members of the conservative Federalist Society legal group. “But despite our differences, our carefully considered views of the law lead all of us to agree that the Constitution permits the impeachment, conviction, and disqualification of former officers, including presidents.”
Some Republicans have argued a former president can't be the target of an impeachment trial.
www.politico.com