Robert Pushaw, a law professor at Pepperdine University, agrees.
“The Supreme Court has held — correctly, in my view — that impeachment is a political question committed by the Constitution to Congress, not a ‘justiciable’ legal issue for courts. Therefore, any such request by President Trump would almost certainly be rejected,” he said.
“The Constitution says that the House shall have the sole power of impeachment, and has authority to determine its own rules of proceeding. On its face, that appears to shut out the courts,” Heritage Foundation senior legal fellow Thomas Jipping, a former chief counsel on the Senate Judiciary Committee, told VOA. “That said, House members all have an obligation to ensure that such constitutional responsibilities are not hijacked for partisan political purposes.”
The Supreme Court also ruled in 1993 that courts would have no role in the impeachment process.
After any such proceeding in the House, under the law, the Senate, which is controlled by Trump’s Republican Party, would be responsible for determining whether to convict the president.
Only twice in American history has the Senate voted on whether to convict a president. Both Andrew Johnson in 1868 and Bill Clinton in 1999 were acquitted on all charges.
‘Fighting all the subpoenas’