Australia-Trump's second impeachment case: can the former president stand trial? | Australia Chinatown

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前总统唐纳德·J·特朗普(Donald J. Trump)的弹劾审判于周二开始,在前几个小时内,人们。。。
            前总统唐纳德·J·特朗普(Donald J.

Trump)的弹劾审判于周二开始,在前几个小时内,人们将讨论的第一个问题是,对被弹劾的前总统进行审判是否符合宪法。

This issue has great political significance.Republicans considered the procedure unconstitutional; by doing so, they avoided confirming whether Trump’s role in congressional riots committed impeachable crimes.

上月以违宪为由投票驳回审判的参议院共和党人周日受到压力,要求重新评估他们的立场,当时一位主要的保守派宪法律师查尔斯·J·库珀(Charles
J. Cooper)——他一直是得克萨斯州特德·克鲁兹(Ted Cruz)等共和党参议员的亲密盟友和顾问——在《华尔街日报》(Wall
Street Journal)的一篇专栏文章中称,关于诉讼程序在宪法上存在争议的说法是没有根据的。

On Tuesday, the Senate allocated four hours to debate the issue.Here is what you need to know.

What did the Republicans say?

House Democrats and 10 Republicans voted to impeach Trump on the grounds of "sedition" a week before Trump's departure.

The impeachment put pressure on Senate Republicans, asking them to either forgive or deny Trump's actions.Some people put aside this issue and focus on the procedure itself. They believe that regardless of whether Trump’s actions constitute serious crimes and indiscriminate conduct, the Senate cannot try him because the constitution does not allow the former president to accept impeachment trials.

两周前,肯塔基州参议员兰德·保罗(Rand
Paul)强行就这一问题进行投票,并质疑该审判违宪。除五名共和党人以外,所有人都支持他。民主党人和宪法学者的回应是,共和党人只是抓住了一种政治上的权宜之计,避免惹怒在共和党选民中仍然很受欢迎的特朗普。

What will the Democrats say?

The Democratic leader of the House of Representatives impeachment case is expected to widely declare that the president can stand trial for crimes committed during his tenure, regardless of when the trial takes place.Democrats say that if this is not the case, the president who made mistakes in the final weeks of his term cannot be held accountable.

"Constitution makers worry that the president will'spare no effort to win a second term for himself,' thereby ruining his position," the nine impeachment chiefs wrote in a document last week. "If inciting riots against a joint meeting of Congress after the election is defeated is not an impeachable crime, then it is hard to imagine what else could be impeachable."

Trump’s lawyers are likely to make a narrower and more technical argument that the constitution prohibits the former president from being tried.

“美国参议院对第45任总统缺乏管辖权,因为他并未担任任何可以被罢免的公职,使弹劾条款变得毫无意义,“特朗普的律师小布鲁斯·L·卡斯托尔(Bruce
L. Castor Jr.)和戴维·舍恩(David Schoen)在上周给众议院相关负责人员的14页答复中写道。

What did the conservative lawyer say?

In his column, Cooper refuted the Republicans' claim that the penalty for impeachment and conviction is removal from office, so there is no intention to apply to the former president.

Cooper believes that the Constitution gives the Senate the power to prohibit convicted officials from holding public office again.He wrote: "It is illogical to prohibit the Senate from trial and conviction of former officials."

Cooper said that since Republicans voted on this issue last month, relevant legal academic research has evolved and exposed "serious weaknesses" in their arguments.

"Senators who support Paul's motion," he wrote, "should reconsider their views and judge the former president's misconduct based on facts."

Cooper's career has focused on promoting conservative constitutional laws.As a senior official of the Justice Department of the Reagan administration, he wrote an opinion on whether employers can refuse to hire people who may have AIDS, and was criticized as discrimination.As a private lawyer, he has represented the National Rifle Association, an advocate of school prayer, and a defender of the California same-sex marriage ban.

The senators will vote on this issue.

On Monday, Democrats seized Cooper's article to support their impeachment of Trump.

“不是自由派,而是查克·库珀——一位代表众议院共和党人起诉佩洛西(Pelosi)议长的律师,也是克鲁兹参议员的总统竞选前顾问——是他一针见血地反驳了我们将从前总统的律师那里听到的核心论点,”民主党领袖、纽约参议员查克·舒默(Chuck
Schumer)在参议院的演讲中说。

周二,当共和党人被要求就这个问题再次投票时,人们将看到库珀的文章具有多大影响。一些参议员私下里表示,在保罗提出这个问题后,他们对上个月的投票感到措手不及,并表示愿意辩论这个问题并考虑宪法问题。俄亥俄州的罗布·波特曼(Rob
Portman)和路易斯安那州的比尔·卡西迪(Bill
Cassidy)等人则说,他们投票反对这一行动,是因为他们希望在这个问题上进行更大的辩论。

《绝不要特朗普——保守派精英的反叛》(Never Trump: The Revolt of the Conservative
Elites)一书的作者、约翰·霍普金斯大学(Johns Hopkins University)教授史蒂文·特莱斯(Steven
Teles)认为,库珀的保守派资历以及公开阐述自己观点的决定,很可能会促使一些参议员至少去考虑他的观点。

“如果查克·库珀公然说,‘不是这么回事’,确实会让他们更难对付,”现任华盛顿智库尼斯卡宁中心(Niskanen
Center)高级研究员的特莱斯说。“所有人都想用程序方面的观点来回避一切难题。如果一个保守派的法律权威说,你实际上无法回避这个问题,那就更难回避了。”

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