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In a legal brief submitted this week, one of the sources cited by former President Donald Trump's impeachment lawyers is a 2001 article by Brian C. Kalt, a University of Michigan law professor. According to a Twitter thread by Kalt, they have taken his arguments out of context "badly."
Back in 2001, I wrote a long law review article exploring an abstract question: Can Congress impeach and try ex-officials for their misconduct in office? The issue of what I labeled “late impeachment” was just a hypothetical back then. It was still only a hypothetical when I wrote a book on weird presidential constitutional issues in 2012 and included a chapter on impeaching ex-presidents. Then last month … well, you know. When it became clear that Donald Trump’s impeachment trial would not begin until after his term ended, I knew my old work would come in handy for both the House man...
A Michigan State University law professor claims that former President Donald Trump’s legal team took him out of context when citing his work in their impeachment trial memorandum.