Fact check: Is it constitutional for Trump to be tried in the Senate after leaving office?

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Trump is the first US president to be impeached twice and would be the first ex-president to have his impeachment tried in the Senate while out of office.

Questions have arisen over the constitutionality of former US President Donald Trump's impending trial in the US Senate.

Since then, several Republican senators, including Tom Cotton, Joni Ernst and Roger Marshall, have said they don't think it would be constitutional to convict Trump in the Senate after he's left office. Under the US Constitution, the US House can impeach a President for"treason, bribery or other high crimes and misdemeanors." Then the US Senate holds a trial and needs a two-thirds majority to convict and remove the President from office. Another vote would be necessary to bar the then ex-President from holding office again, but this vote would require only a simple majority.

And according to Vladeck, the US Senate's power to disqualify an individual from future office is"the primary evidence" that trying the impeachment of a former officer is constitutional.

 

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