During a recent hearing, Justice Amy Coney Barrett raised an important question regarding the impeachment process for presidents. She questioned why a president alone should be required to be impeached in the Senate before facing criminal prosecution. This inquiry came as Trump's attorney, John Sauer, argued that the impeachment clause implies that impeachment must serve as a gateway to criminal prosecution.
Barrett pointed out that there are numerous other officials who can be subject to impeachment, including the justices on the Supreme Court bench, yet it has never been suggested that impeachment should be a prerequisite for criminal prosecution for these individuals. She emphasized that the impeachment clause does not explicitly state that the president should be treated differently in this regard.
Sauer referenced an opinion from former Solicitor General Robert Bork, who reportedly concluded that the sequence of impeachment in the Senate was only required before criminal prosecution for a president.
It is interesting to note that during Trump's impeachment in early 2021, some Republicans argued against the process, claiming it was unnecessary since Trump could potentially face criminal charges for his actions.
