Harvard Law School professor emeritus Alan Dershowitz said that a post-presidential impeachment wouldn’t work and goes against the Constitution, after House Democrats voted to impeach the president last week.
“It will be unconstitutional, but that probably won’t bother the senators,” Dershowitz told Fox News on Sunday. “The Constitution is very clear. The subject, the object, the purpose of impeachment is to remove a sitting president. And there are two precedents. One is very obvious. When President Nixon resigned in anticipation of being impeached and removed, there was no effort to impeach him after he left office.” Former President Richard Nixon opted to resign instead of facing the possibility of a Senate trial in the early 1970s.