The second impeachment trial of Donald Trump begins on February 9, 2021, but a fierce debate as to the constitutionality of trying a former president in this manner has been ongoing in the legal community for weeks. To bring some possible clarity and resolution to the matter, we assembled three of best and most cogent legal minds we know: Professor John Yoo of Berkeley Law School, Professor Richard Epstein of the University of Chicago and New York University School of Law, and Andrew McCarthy, former federal prosecutor and a legal commentator for National Review and Fox News. Two of our guests argue that a former president of the United States can be tried; one guest takes the other side of the argument. We won’t reveal who takes what angle, but we can say that both points of view get a thorough airing. We leave it to our audience to determine the winning argument.
Recorded on February 8, 2021