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January 26, 2021

Inhofe Statement on Constitutionality of Senate Impeachment Trial

Today, U.S. Sen. Jim Inhofe (R-Okla.) issued the following statement after he voted to support Senator Rand Paul (R-Ky.)’s point of order on the constitutionality of the trial of a former president.  

“Today – just as I did on January 6 – I look to the Constitution on how to guide my votes. Article II, Section I clearly stated that there were only two things I was permitted to do under the Constitution: ensure the electors are properly certified and count the electoral votes, even when I disagreed with the outcome.

“The question I face today is also clear: Article II, Section IV reads, ‘The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.’ Given that the penalty for impeachment shall be removal from office, my plain reading of the Constitution leads me to believe that the Founders did not intend for us to impeach and try former federal office holders. Therefore, I agree with Sen. Paul’s point of order because it is not constitutionally permissible to try a former president.”


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