Thanks to the First Branch Forecast for pointing out this newly published legal sidebar “The Impeachment and Trial of a Former President.” We are in uncharted waters as President Trump has been impeached for the second time for “incitement of insurrection”, but the articles of impeachment have not yet been delivered to the Senate. This CRS report offers some historical context of the impeachment process.
“For the second time in just over a year, the House of Representatives has voted to impeach President Donald J. Trump. The House previously voted to impeach President Trump on December 18, 2019, and the Senate voted to acquit the President on February 5, 2020. Because the timing of this second impeachment vote is so close to the end of the Trump Administration, it is possible that any resulting Senate trial may not occur until after President Trump leaves office on January 20, 2021. This possibility has prompted the question of whether the Senate can try a former President for conduct that occurred while he was in office.
…it appears that most scholars who have closely examined the question have concluded that Congress has authority to extend the impeachment process to officials who are no longer in office.”
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