Once again, it’s already been done. The secretary of war under President Grant was impeached after he resigned his position.
“The secretary of war under President Grant was impeached after he resigned his position.”
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Yes, but was he convicted in the Senate?
I thought he wasn’t, because enough senators took the “what’s the point, he’s no longer the secretary of war” position.
The Secretary of War is not the President. The Constitution phrases the language thusly:
ARTICLE II, Section 4.
“The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.”
That language specifically uses the word “President.”
At 12 noon, January 20, 2021, Donald J. Trump will cease to be the “President,” and will once again be a private citizen. The Constitution has no provision to impeach a private citizen.
President Grant’s Secretary of War, William W. Bellknap, was acquitted by the Senate, with a vote of 35 to 25, falling 5 votes short of the 2/3 majority required by the Constitution. Of the 35 senators who voted to acquit, 23 stated that the Senate had no jurisdiction to try Bellknap, because he had resigned his office before the impeachment vote was taken by Congress, and therefore was a private citizen.