The Constitutionality of Trying a Former President Impeached While in Office
The U.S. Capitol Building in snow. (Architect of the Capitol)
In his answer to the article of impeachment charging him with inciting insurrection, former President Trump has claimed that the Senate may not constitutionally try, convict and disqualify him from future federal office because, although he was impeached while still the president, his term has now expired. Recently on
Lawfare, Philip Bobbitt lent his considerable prestige to the proposition that the Constitution bars such a trial. I find Bobbitt’s arguments unpersuasive. Because the question is an important one, I explain my disagreements below.