Hello and welcome to Learning the Law, a podcast about all things legal with a focus on current events where we try and teach you things in an hour. My name is Ashley, aka PhoenixNymphy and my co-host who is the man of the hour, my husband Ron. This podcast is purely educational and should not be taken as legal advice, this podcast does not create an attorney client relationship, this podcast is based on his interpretation of relevant law. Any opinions expressed are the opinions of the individual making them and do not reflect the opinions of any firm, company or other individuals. Ron is a licensed practicing attorney in the state of California.


  1. Our Weeks
  2. Topic of the day – Removing a representative from office
    1. Article I, section 5 of the United States Constitution provides that “Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.”

III. Impeachment Trial

  1.  Consitutional?

Before the trial can get under way the Senate debated the constitutionality of such a trial since former President Trump was no longer in office.

  1. Impeached while in office, cannot impeach if not in office
  2. Being properly impeached, the Senate then is mandated to try all impeachments.
  3. there is historical precedent for impeaching and trying to convict a former federal officeholder.

In 1876, as the U.S. House of Representatives was about to vote on articles of impeachment against Secretary of War William Belknap over corruption charges, Belknap walked over to the White House, submitted his resignation letter to President Ulysses S. Grant and burst into tears.

The House still went ahead and impeached Belknap, and the Senate tried him, with the impeachment managers arguing that departing office doesn’t excuse the alleged offense — otherwise, officeholders would simply resign to escape conviction or impeachment.

And the Senate voted in 1876, by a 37-29 margin, that Belknap was eligible to be impeached and tried even though he resigned from office.

But Belknap was eventually acquitted, with the Senate failing to muster the two-thirds vote needed to convict. (A significant number of senators believed the Senate lacked jurisdiction to convict him because he no longer held office.)

So the Belknap precedent is instructive.

Nearly 150 years ago, a majority of senators voted that you could impeach and try a former officeholder — for high crimes and misdemeanors committed while in office.

But just enough senators were persuaded that it was pointless to convict.

  1.  Today’s proceedings
    1. Arguments – McCall – Lawyer from Georgia talked about it on Facebook called Nancy Peloci Crazy Nancy – Trump’s name for her – footage of rioters
      1. Pelosi was completely removed for fear of her life
      2. Footage – 1
      3. Rep Swalwell shows how close the mob got to members –
      4. Do you think they’ve shown the connection?
      5. Eugene Goodman saving Mitt Romney
      6. Metro PD audio
      7. How close they were to Pence
      8. Tweet from Scott Wong – Writer at the Hill
      9. My tweet
      10. Politico


Thank you so much for listening to Learning the Law if you liked this podcast and want to hear more don’t forget to like, subscribe, follow, and share in all your favorite places. You can find it hosted on twitch at use the hashtag #learningthelaw on tiktok to follow more there. You can find Ron on twitter at Necrokijo and Ashley on most social media platforms at PhoenixNymphy. If you have any questions please tweet, comment, or email at This has been a Two Lazy Dogs production.

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