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in february, of 2021, joe biden had been president for less than a month. >> the united states senate was still in the middle of impeaching the previous president for stoking insurrection. the house impeachment managers, all of them democrats, were making the case that even though trump was no longer president, he had to be impeached because otherwise future presidents would be free to commit any crime or misdemeanor as long as they did so right before leaving office. to rebut that, trump's lawyers offered this counter argument. >> if my colleague on this side of the chamber actually...

Is impeached and convicted by the united states senate, in a proceeding that reflects widespread political consensus. >> you see, it's a shell game. congress impeach is trump for trying to overturn an election, and his lawyers say, no, this is a job for the criminal justice system. the criminal justice system charges trump and his lawyers say, no, this is a job for congress and the impeachment process. at one point, judge florence pan tested that theory with a hypothetical for the history books. >> could a president who ordered seal team six to assassinate a political rival, who was not impeac...