How Do You Impeach a Former President?

The Senate could vote to bar him from ever running for office again

Max Ufberg
GEN

--

Photo: Go Nakamura/Getty Images

Less than a week before President Trump’s term ends, the House has voted to impeach him for the second time. But the Senate is in recess until January 19, and Senate Majority Leader Mitch McConnell on Wednesday rejected the call for an emergency session for Trump’s impeachment trial. That means a trial wouldn’t take place until Trump is out of office.

Can you even impeach a former president?

The constitutionality of impeaching a former president is murky. While you obviously can’t remove someone from a position they don’t currently hold, senators can hold a separate vote to prevent that person from ever seeking public office again.

Some experts believe a former president, as a private citizen, would be exempt from any process geared toward public servants; others say the penalty of being barred from holding office should clearly apply to former officials as well. And, for what it’s forth, many top lawmakers over the years have supported the impeachment of former presidents. Former Pennsylvania senator Arlen Specter, for example, once suggested that Bill Clinton be re-impeached for pardoning Marc Rich, a wealthy Democratic donor and fugitive, on his last day in…

--

--

Responses (5)