Analysis: Trump loses his impeachment team amid unfaltering loyalty from the GOP

Maj Marty Hogan "Sure..." Derp. Great response. *Eye roll.*

First, as SFC (Join to see) noted, Trump was impeached while he was in office. Second, it is clearly established that the trial can be after the impeached individual has left office, in the example of Secretary of War William Belknap. In both that case and this, the Senate voted that they had the authority under the Constitution to conduct the trial. Third, SCOTUS held in Nixon v. United States in 1989 that the Senate had the Constitutional authority to determine what the procedures were in an impeachment trial, and that SCOTUS would not intercede for two reasons: 1) that it was a political question not appropriate for judicial review; and 2) that review would violate the checks and balances established by the Founders, as part of the separation of powers.

That's both a "precedent or legal basis" to proceed.

I would recommend that you read this law review article from 2001. https://digitalcommons.law.msu.edu/cgi/viewcontent.cgi?article=1022&context=facpubs

I have some suspicions that the Dem/Lib/Soc/Prog leftist cabal would welcome the "turn about is fair play" reaction to such matters as their Court packing or impeachment of a President emeritus. Their goal is disruption of traditional, orderly governmental process that recognizes the value of "the loyal opposition". If they are given "a dose of their own medicine" it only serves to continue that disruption.
The proper reaction is to legislate such traditions as the 9 member SCOTUS by amending the Constitution. It is no easy task, but it is the only means to frustrate their plans without falling into the trap they have set.

Harvey, the position of Moscow Mitch towards the Dems has been "F you, we'll do what we want, regardless of what was done in the past or our own past arguments" (see Garland nomination vs Barrett nomination). The size of SCOTUS has always been set by Congress, and Congress has repeatedly changed the size for political reasons.

You can try to amend the Constitution, but you'll never get the votes you need in Congress.