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Even after leaving office, Senate impeachment trial could impact President Trump

The Senate will likely take up an impeachment trial of President Trump after he has left office. If he is convicted, he could be barred from holding future federal office and there is a possibility some of his post-presidency benefits could be stripped as well. Those issues would require separate Senate votes.
On Wednesday, House Speaker Nancy Pelosi (D-CA), signed the Articles of Impeachment, which passed in a House vote with all Democrats and 10 Republicans in favor of it.
President Trump is now the first president in U.S. history to have been impeached twice. This time around, his Senate trial would likely begin after he has already left office.
Posted at 9:24 AM, Jan 14, 2021
and last updated 2021-01-14 11:24:30-05

WASHINGTON, D.C. — After hours of debate on Wednesday, the U.S. House-- with 10 Republicans joining Democrats--voted in favor of impeaching President Donald Trump for a second time. This time in connection with the insurrection at the Capitol.

"We are debating this historic measure at an actual crime scene,” said Rep. Jim McGovern, D-Massachusetts, “and we wouldn't be here if it weren't for the President of United States."

The articles of impeachment now move to the Senate, which could take them up after President Trump leaves office. However, the question remains: can you be removed from office even after you’ve already left?

“It's not a question that's ever been addressed by The Supreme Court,” said Caroline Fredrickson, a visiting professor at Georgetown Law and a senior fellow at the Brennan Center for Justice. “There have been a few officials who have been impeached subsequent to leaving office. So, there is a precedent for having done it. Neither of those or none of those officials, however, were the president.”

Yet, if the Senate votes in favor of removing President Trump from office, is there a possibility that he could pardon himself?

Fredrickson said that is something the Supreme Court has never addressed, either, but is not likely.

“I think the strength of the argument is that ‘No, he may not.’ The pardon power may be very broad, but it's framed as a grant, you grant a pardon,” she said. “The president may grant a pardon and one doesn't grant oneself something.”

Even if the Senate votes for removal - and that’s a big if - it doesn’t automatically bar President Trump from seeking future federal office.

“The Senate would have to convict and then vote again to permanently bar the President from holding office,” Fredrickson said.

That could also potentially involve stripping him of post-presidency benefits, such as Secret Service protection or lifetime health care, which would require yet another Senate vote. All are part of steps that would be part of a lengthy process, but one that was set up more than two centuries ago.

“It's a moment for us to really take stock of our democracy and assess where it's weak and where we need to strengthen it,” Fredrickson.

Even if the president is not convicted in the Senate, Congress could potentially vote to bar President Trump from holding future office, under section 3 of the 14th Amendment to the Constitution.

It is applied to people who have encouraged insurrection against the government and was put in place mainly as a way to bar Confederates who sought office after the Civil War. It has only been used once back in 1919.