Cass R. Sunstein, Columnist

Beware the Revenge Impeachment

Trump lawyer Ken Starr warns that the bar for putting presidents on trial has fallen too low. Self-serving? Sure. But he has a point.

January 30, 2020 at 7:59 PM UTC

Corrected

January 31, 2020 at 2:14 PM UTC

By Cass R. Sunstein

Cass R. Sunstein is a former Bloomberg Opinion columnist. He is the author of “The Cost-Benefit Revolution” and a co-author of “Nudge: Improving Decisions About Health, Wealth and Happiness.”

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Former Solicitor General and federal judge Kenneth Starr made a simple argument this week on behalf of President Donald Trump’s impeachment defense. We are living in the “age of impeachment,” he said on Monday, urging the Senate to acquit Trump and “return to norms” that counsel against using impeachment as a political weapon.

If Trump is removed from office, Starr was suggesting, every future president will be vulnerable, at least if the House of Representatives is controlled by the opposing political party, and if the Senate can be persuaded to go along. A president named Joe Biden or Bernie Sanders or Elizabeth Warren might well be exposed to a horrific impeachment battle, simply because of the Trump precedent.