Neal Katyal, an acting solicitor general under Barack Obama, argued Thursday that if the Senate acquits President Donald Trump after the House of Representatives impeaches the president, the next Congress could simply convict Trump again on the same charges.
“If the Senate doesn’t vote to convict Trump, or tries to monkey [with] his trial, he could, of course, be retried in the new Senate should he win reelection,” the liberal attorney argued on Twitter. “Double jeopardy protections do not apply.”
The next congressional election coincides with the 2020 presidential election, so in Katyal’s hypothetical, the Senate would remove Trump despite a previous acquittal and the president returning to office with the mandate of reelection.
In a follow-up tweet, Katyal said his recently released book, Impeach: The Case Against Donald Trump, goes into more detail about a possible retrial. According to the book’s description, Katyal argues that “if President Trump is not held accountable for repeatedly asking foreign powers to interfere in the 2020 presidential election,” it “could very well mark the end of our democracy.”
Everything we are witnessing is the culmination of 8 years of the Obama administration: #Russia, #Ukraine, #Impeachment, Comey, Brennen, Clapper, Hillary, Biden, Rice, Schiff, Pelosi, Nadler & their underlings. They were counting on another 8 years and got caught flatfooted. t.co/gPwp00vyUh
— Katy Grimes (@KATYSaccitizen) December 5, 2019
“Trump’s supporters have known since election night that this day would eventually come. After all, his sworn enemies have been openly promising it since before he was sworn into office! They’ve used words like ‘resistance,’ ‘coup,’ ‘insurance policy,’ and ‘impeachment’ so often that, now that they are actually doing it, the American people — and Republicans especially — are offering a collective yawn.”