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Can A Former President Be Impeached? The Precedent For Trump's Senate Trial

The Senate’s process to impeach former President Donald Trump officially began on Monday, when the House formally delivered articles of impeachment to the upper chamber.

There’s little debate about the central facts of the matter. Trump spent months telling his supporters the election was stolen, then on Jan. 6, riled up a mob that later stormed the U.S. Capitol to try to stop the electoral count and overturn the election results. In the House, 222 Democrats and 10 Republicans voted to impeach Trump for “incitement of insurrection.” Even several Senate Republicans have said what Trump did was wrong, although some argue it was not an impeachable offense.

But Republicans are still expected to try to stop Trump from being convicted ― not by arguing he’s innocent, but by arguing it’s too late.

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Trump left office on Jan. 20, and the trial is set to begin in February. He will be the first ex-president to face such a trial.

Republicans have already presented what is likely to be a central argument for not convicting Trump. They argue that the Constitution does not allow for the impeachment or conviction of people who no longer hold office.

“[T]he Senate lacks constitutional authority to conduct impeachment proceedings against a former president,” Sen. Tom Cotton (R-Ark.) said in a statement on Jan. 13. “The Founders designed the impeachment process as a way to remove officeholders from public office — not an inquest against private citizens.”

“Last week, I opposed the effort to reject certified electoral votes for the same reason — fidelity to the Constitution — I now oppose impeachment proceedings against a former president,” Cotton added.

“Why are we doing this when the president is out of office?” Sen. Joni Ernst (R-Iowa) said on Jan. 19. When asked if she thought such an impeachment was constitutional, she added, “I don’t think it is.”

“I believe an impeachment trial of a former president is unconstitutional and...

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