On the recordFebruary 12, 2021
I send a question to the desk. The PRESIDENT pro tempore. The Senator from Texas, Mr. Cornyn, has a question for both counsel for the former President and the House managers. The clerk will read the question, and we will recognize first the counsel for the former President. The legislative clerk read as follows: The House managers have argued that if the Senate cannot convict former officers, then the Constitution creates a January exception pursuant to which a President is free to act with impunity because he is not subject to impeachment, conviction, and removal and/or disqualification. But isn't a President subject to criminal prosecution after he leaves office for acts committed in office, even if those acts are committed in January? Mr. Counsel CASTOR. The Senator from Texas's question raises a very, very important point. There is no such thing as a January exception to impeachment. There is only the text of the Constitution, which makes very clear that a former President is subject to criminal sanction after his Presidency for any illegal acts he commits. There is no January exception to impeachment. There is simply a way we treat high crimes and misdemeanors allegedly committed by a President when he is in office--impeachment--and how we treat criminal behavior by a private citizen when they are not in office. The PRESIDENT pro tempore. The House managers. Mr. Manager RASKIN. Mr. President, Senators, thank you for this excellent question.…
Source
govinfo.gov




