President Donald Trump speaks to the media before boarding Marine One on the South Lawn of the White House, Tuesday, Jan. 12, 2021 in Washington. The President is traveling to Texas. (AP Photo/Gerald Herbert)

President Donald Trump speaks to the media before boarding Marine One on the South Lawn of the White House, Tuesday, Jan. 12, 2021 in Washington. The President is traveling to Texas. (AP Photo/Gerald Herbert)

EXPLAINER: Can Trump be impeached after leaving office?

Some questions and answers about whether a former president can be impeached

President Donald Trump might argue the calendar is his friend when it comes to a second impeachment trial.

Trump’s impeachment last week by the House of Representatives for his role in inciting the riot at the U.S. Capitol set up his trial in the Senate. But there’s one potential wrinkle.

In 2019, the last time Trump found himself impeached by the House, he had nearly a year left in his presidency. But on Wednesday, with the inauguration of Joe Biden, Trump will be out of office by the time any Senate trial gets started.

Some Republican lawmakers argue it’s not constitutional to hold an impeachment trial for a former president, but that view is far from unanimous. Democrats for their part appear ready to move forward with a trial.

On Tuesday, Sen. Joni Ernst, R-Iowa, said she doesn’t think a post-presidency impeachment trial is constitutional. But Sen. John Cornyn, R-Texas, wasn’t so sure.

“I think there’s serious questions about it,” he said.

Connecticut Democrat Richard Blumenthal, meanwhile, said it was “bogus” that a trial after Trump leaves office wouldn’t be constitutional, noting that the Senate has held impeachment trials of federal judges after they’ve resigned.

“So whether somebody resigns, or runs out the clock it makes no difference. They can still be held accountable and there’s nothing in the spirit, or the letter of the impeachment provisions in the Constitution that argues against it,” he said.

Some questions and answers about whether a former president can be impeached.

WHY IS THIS OPEN TO DEBATE?

The Constitution says: “The President … shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

But the Constitution says nothing about the impeachment of a former president. The question has also never come up. The only other two presidents to be impeached, Bill Clinton and Andrew Johnson, were tried while still in office.

READ MORE: Trump expected to issue flurry of pardons on last full day

WHAT DO SCHOLARS AND HISTORY HAVE TO SAY ON THE TOPIC?

A recent Congressional Research Service report for federal lawmakers and their staffs concluded that while the Constitution’s text is “open to debate,” it appears most scholars agree that a president can be impeached after leaving office. One argument is that state constitutions that predate the U.S. Constitution allowed impeachment after officials left office. The Constitution’s drafters also did not specifically bar the practice.

Still, the text of the Constitution could be read to suggest impeachment only applies to current office holders. In the early 19th century, one influential Supreme Court justice, Joseph Story came to that conclusion.

One powerful suggestion that post-office trial is acceptable, however, comes from history. The Congressional Research Service report cites the 1876 impeachment of Secretary of War William Belknap. Belknap resigned over allegations he received kickbacks. The House impeached him after his resignation, and while Belknap objected to being tried in the Senate because he’d left office, the Senate heard three days of arguments on the topic and then deliberated in secret for over two weeks before concluding Belknap could be tried. He was ultimately acquitted.

COULD TRUMP CHALLENGE A CONVICTION?

Courts are unlikely to want to wade into any dispute over impeachment. In 1993, in a case involving an impeached former judge, the Supreme Court ruled it had no role to play in impeachment disputes because the Constitution says the “Senate shall have sole Power to try any impeachments.”

DOES AN IMPEACHMENT TRIAL OF A FORMER PRESIDENT PRESENT OTHER LEGAL ISSUES?

One other issue is who would preside at the impeachment trial of an ex-president. The Constitution says it’s the chief justice’s job to preside at the impeachment trial of a president. But scholars offer differing views about whether that’s Chief Justice John Roberts’ job if Trump’s trial begins after he’s out of office.

The choices for who would preside appear to be Roberts, Kamala Harris, who by then will be vice-president, or Sen. Patrick Leahy, D-Vt., who will be the Senate’s president pro tem once the Democrats take control of the Senate.

WHAT’S THE POINT OF IMPEACHING SOMEONE WHO IS OUT OF OFFICE?

The consequence the Constitution sets up for a president who is impeached and convicted is removal from office. That’s not really a concern for a former president. Still, conviction would send a message about Trump’s conduct. Moreover, if the Senate were to convict, lawmakers would presumably take a separate vote on whether to disqualify Trump from holding future office. Some lawmakers believe that’s appropriate.

“We need to set a precedent that the severest offence ever committed by a president will be met by the severest remedy provided by the Constitution — impeachment and conviction by this chamber, as well as disbarment from future office,” incoming Senate majority leader Chuck Schumer, D-NY, said Tuesday.

___

Associated Press reporter Mary Clare Jalonick contributed to this report.

Jessica Gresko, The Associated Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Donald Trump

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Jennifer Rice MLA for the North Coast said on International Women’s Day March 8, that thousands of frontline superheroes in health, education, childcare, food, and community services who help us daily through the pandemic should be celebrated. (Photo: K-J Millar/The Northern View)
British Columbia North Coast MLA, Jennifer Rice spoke with The Northern View on Jan. 7, 2021, at a proper social distancing length to explain the goals and focuses in the riding and for the provincial government for the upcoming year. (Photo: K-J Millar/The Northern View)
International Women’s Day celebrates leadership in 2021

Celebrate the thousands of frontline superheroes … who help daily - North Coast MLA Jennifer Rice

Haida Gwaii man, Keifer Collinson is shown in his audition video for T.V. reality show Big Brother where he promoted the Haida language in the March 3 episode. (Photo: supplied)
Haida man promotes First Nations language on national T.V. show

Haida Gwaii born Keifer Collinson promotes the importance of language preservation on Big Brother

Amanda Parsons, a registered nurse on staff at the Northwood Care facility, prepares a dose of the Moderna vaccine in Halifax on Monday, Jan. 11, 2021. Almost two in three Canadians surveyed recently said they trust COVID-19 vaccines to be both safe and effective. THE CANADIAN PRESS/Andrew Vaughan
Northern Health to open 30 COVID vaccine clinics for oldest residents, Indigenous seniors

Health authority says it plans to vaccinate nearly 15,000 people in Phase Two

Prince Rupert’s Bobby Brown celebrated his 95th birthday milestone on March 5 with family across the country in an online celebration. (Photo: supplied by Jodi Brown)
Prince Rupert man celebrates 95th birthday milestone online

Five generations come together COVID-19 style in Prince Rupert to say “Happy Birthday”

Main door at Cranes Crossing, Prince Rupert’s homeless shelter, on March 5. Northern Health issued a public notice of potential exposure occurring at the shelter between Feb. 22 and 24. (Photo: K-J Millar/The Northern View)
COVID-19 Public Exposure Notice issued for Prince Rupert’s homeless shelter

Northern Health said possible exposure between Feb. 22 and 24

(The Canadian Press)
‘Worse than Sept. 11, SARS and financial crisis combined’: Tourism industry in crisis

Travel services saw the biggest drop in active businesses with 31 per cent fewer firms operating

Provincial health officer Dr. Bonnie Henry and Health Minister Adrian Dix provide a regular update on the COVID-19 situation, B.C. legislature, March 2, 2020. (B.C. government)
B.C.’s COVID-19 cases: 545 Saturday, 532 Sunday, 385 Monday

Focus on Prince Rupert, Lower Mainland large workplaces

Rising accident rates and payout costs have contributed to billion-dollar deficits at ICBC. (Comox Valley Record)
B.C. appealing decision keeping ICBC injury cases in court

David Eby vows to ‘clip wings’ of personal injury lawyers

(Black Press Media files)
Hosts charged, attendees facing COVID fines after Vancouver police bust party at condo

Police had previously received 10 complains about that condo

Minister of Families, Children and Social Development Ahmed Hussen takes part in an update on the COVID pandemic during a press conference in Ottawa on Tuesday, Oct. 27, 2020. A joint federal and B.C. government housing program announced today aims to help people living in up to 25,000 vulnerable households pay their rent. THE CANADIAN PRESS/Sean Kilpatrick
Federal, B.C. governments announce $517-million rent aid program to help vulnerable

Benefits for those not eligible for B.C.’s Rental Assistance Program or Shelter Aid for Elderly Renters

(BC SPCA)
Is it safe to give your dog some peanut butter? Not always, BC SPCA warns

Some commercial peanut butter ingredients can be harmful to dogs

Health Minister Adrian Dix, front, B.C. Premier John Horgan and provincial health officer Dr. Bonnie Henry arrive for a news conference about the provincial response to the coronavirus, in Vancouver, B.C., Friday, March 6, 2020. Pandemic emergency measures have been in place for almost a year. THE CANADIAN PRESS/Darryl Dyck
B.C. officials plead for patience as 1.7 million COVID-19 calls flood in

Vaccine registration for 90-plus seniors opened Monday

A West Kootenay man died in an avalanche on March 4 while snowmobiling near Mount Payne, which is indicted by the red flag. Illustration: Google Maps
B.C. father of 3 dead after avalanche in West Kootenay

The man was snowmobiling with a group when incident occurred March 4

Most Read