The second impeachment trial of former President Donald Trump is scheduled to begin next week, as he faces charges of inciting a Capitol insurrection that took place on January 6, the same day that Trump spoke at a massive rally and encouraged a protest, claiming that there was fraud in the 2020 elections.
The Senate never heard an impeachment trial from a president who was no longer in office. Democrats who support the impeachment say it is necessary to prevent Trump from running again. This begs the question: if Trump is convicted, will he be banned from seeking the presidency again? The answer, as with many legal and political issues, is perhaps.
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“The trial in impeachment cases will not extend beyond removal from office and disqualification to hold and enjoy any office of honor, trust or profit in the United States,” says the Constitution in Article 1, Section 3.
This certainly allows the possibility of Trump being prevented from seeking a future position, but it would not be automatic after the conviction.
Senate rules state that if the required two-thirds of the senators present vote to convict, the matter is immediately removed from office, and a second vote can be taken if they decide to determine whether the sentenced officer will be disqualified from any future office. Only a simple majority is needed for this vote. The Senate has already sentenced eight officials – all judges – and only three have been prevented from holding office again.
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Of course, in the current issue there was the question of whether a former employee could be tried by the Senate, since he is already absent. This has happened before, with the 1876 impeachment of former War Secretary William Belknap. Belknap had resigned before his impeachment, and the Senate voted that he really does have jurisdiction over former employees.
Although this jurisdiction is not clearly defined in the Constitution, there is some support for it. President John Quincy Adams once said, “I restrain myself, as long as I have the breath of life in my body, liable to impeachment by this House for everything I did during the time I held any public office.” The British system, which preceded and inspired the American, allowed the impeachment of any civilian. This does not mean that the American system would automatically follow suit, however, since American impeachments already differ from the British in requiring a two-thirds vote to condemn.
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For Trump’s impeachment, the Senate last week voted on a motion to declare the trial unconstitutional due to Trump being out of office. The motion failed, with the Senate voting 55-45 that he does indeed have the power to hear the case.
Given that 45 senators voted against the first trial, it seems unlikely that Trump will be convicted. If that happens, however, he will be subject to a permanent ban if the Senate votes in favor.