A year ago, jurists and pundits were debating whether impeaching an American president is primarily a matter of law or of politics. It is both, of course, and there is nothing wrong with the political part. Under the U.S. Constitution, it is politicians, not courts, who are supposed to judge whether a president has committed “high crimes and misdemeanors,” and, crucially, whether a chief executive poses an ongoing threat to the republic.
With less than two weeks to go before Joe Biden replaces Donald Trump in the White House, the issue has come up again, with Speaker of the House Nancy Pelosi making clear that the president should be removed either by his cabinet, through the 25th Amendment, or by impeachment.
The violent insurrection at the U.S. Capitol, incited by Trump, represents something new and profane in American history. Even though Biden will be inaugurated on Jan. 20, the office of the presidency cannot be made safe in Trump’s hands. He must be impeached (again), removed from office, and barred from holding public office ever again.