I obviously can’t say if Cruz is making this argument in good faith. But, unlike many others, I think there may be something to it. Back when this whole debate about impeaching ex-officers began, @jdmortenson raised the question of whether the Senate has the impeachment power 1/
... unless the constitution says it doesn’t, or whether the Senate does not have the impeachment power unless the constitution says it does. So, if you think the answer is the former, and you also think the constitution is basically silent on the impeachment of ex-officers, 3/
I think you may end up with a position near that of Cruz—that the Senate can exercise jurisdiction but need not. 4/4