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

The remains of Terry Bearden’s property before a demolition crew came in to remove debris. (Photo submitted)
Rimbey arson case may have a lead thanks to reward offered by owner

Anonymous tip alleges the fire was set by three local males

hands
The call is out in Rimbey to sign on with a group that is all about building connections

‘Already, we are building a network where we can rely on each other and help each other out’

Alberta's chief medical officer of health Dr. Deena Hinshaw says Albertans need to keep making safe choices to start bending the curve back down. (Photo by Chris Schwarz/Government of Alberta)
One new COVID-19 death in Red Deer, 257 additional cases province-wide

Red Deer sits at 459 active cases of the virus

Alberta Premier Jason Kenney said Thursday that the province may consider a regional approach to loosening COVID-19 restrictions if numbers continue to decline. (photo by Chris Schwarz/Government of Alberta)
Province further easing health restrictions

Numbers of people hospitalized and in intensive care has dropped dramatically, says premier

A health-care worker looks at a dose of the COVID-19 vaccine at the Palais de Congress site as Quebec begins mass vaccinations based on age across the province, Monday, March 1, 2021 in Montreal.THE CANADIAN PRESS/Ryan Remiorz
Nearly 1 million COVID-19 vaccine doses arriving in Canada this week: Anand

Anita Anand says she’s received assurances from the vaccine manufacturer

Backcountry skiers are dwarfed by the mountains as they make their way along a mountain ridge near McGillivray Pass Lodge located in the southern Chilcotin Mountains of British Columbia, Tuesday, Jan. 10, 2012. Avalanche Canada has issued a special warning to people who use the backcountry in the mountains of western Alberta and eastern British Columbia. THE CANADIAN PRESS/Jonathan Hayward
Avalanche Canada special warning for mountains in western Alberta, eastern B.C.

Avalanche Canada also says everyone in a backcountry party needs essential rescue gear

A vial of some of the first 500,000 of the two million AstraZeneca COVID-19 vaccine doses that Canada has secured through a deal with the Serum Institute of India in partnership with Verity Pharma at a facility in Milton, Ont., on Wednesday, March 3, 2021. THE CANADIAN PRESS/Carlos Osorio - POOL
Federal panel recommends 4-month gap between COVID vaccine doses due to limited supply

The recommendation applies to all COVID-19 vaccines currently approved in Canada

FILE - Dolly Parton arrives at the 61st annual Grammy Awards on Feb. 10, 2019, in Los Angeles. The Grammy-winning singer, actor and humanitarian posted a video on Tuesday, March 2, 2021, of her singing just before getting her COVID-19 vaccine shot. Parton donated $1 million to Vanderbilt University Medical Center in Nashville, Tennessee for coronavirus research. (Photo by Jordan Strauss/Invision/AP, File)
‘Vaccine, vaccine’: Dolly sings ‘Jolene’ rewrite before shot

The Grammy-winning legend turned 75 this year

Deputy Prime Minister and Minister of Finance Chrystia Freeland speaks about the Fiscal update during a news conference in Ottawa, Monday November 30, 2020. THE CANADIAN PRESS/Adrian Wyld
COVID-19: Wage and rent subsidies, lockdown support to be extended until June

Chrystia Freeland says now is not time to lower levels of support

Many rural seniors are having to travel a long way to get vaccinated against COVID-19. Stettler residents are being told to go to Red Deer, Drumheller or Camrose. (Black Press file photo).
Rural central Alberta seniors have to travel far to get vaccines

Stettler residents are being directed to Red Deer, Drumheller or Camrose clinics

Samantha Sharpe, 25, was stabbed to death at Sunchild First Nation on Dec. 12, 2018. Chelsey Lagrelle was sentenced to 4.5 years in prison for manslaughter in a Red Deer courtroom on Tuesday. Photo contributed
Central Alberta woman sentenced to 4 1/2 years for stabbing friend to death in 2018

Chelsey Lagrelle earlier pleaded guilty to stabbing Samantha Sharpe during argument

Calgary police say they received 80 hate crime complaints between January and November 2020. (Pixabay)
‘Racism is a real problem:’ Muslim women fearful following attacks in Edmonton

So far in 2021, three of seven hate-crime-related investigations have involved Somali-Muslim women

Alberta Minister of Health Tyler Shandro speaks during a news conference in Calgary on May 29, 2020. Shandro says Alberta is considering whether to extend the time between COVID-19 vaccine shots to four months. THE CANADIAN PRESS/Jeff McIntosh
Alberta may follow B.C.’s lead on faster rollout of first COVID-19 dose

Tyler Shandro says a committee of COVID-19 experts is analyzing emerging data and a decision is coming

Most Read