Now, I am not an attorney, but the Constitution was written so that most educated people could read it and understand it. So, here goes…
For all of you Originalists out there, let’s take a look at the US Constitution and Impeachment.
There are only SIX instances of the word IMPEACH or IMPEACHMENT in the entire Constitution.
“The House of Representatives … shall have the sole Power of IMPEACHMENT.” (Article 1, Section 2). “The Senate shall have the sole Power to try all IMPEACHMENTS.” (Article 1, Section 3). “The Trial of all Crimes, except in Cases of IMPEACHMENT, shall be by Jury.” (Article 3, Section 2)
“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.” (Article 2, Section 4). “Judgment in Cases of IMPEACHMENT shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.” (Article 1, Section 3). “The President … shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of IMPEACHMENT.” (Article 2, Section 2)
Unlike the comments being made by some talking heads and some members of Congress, there is no clause anywhere that states that “A president may be impeached”; a statement that is being used to claim that the President must be sitting in office, since this wording does not include “ex-Presidents” or other variations. But this phrase simply DOES NOT EXIST.
However, even if that WERE true, Mr. Trump was, in fact, impeached while he was sitting in office. He was impeached by the House of Representatives on January 13. What has not happened yet was the trial in the Senate that the Constitution calls for AFTER impeachment is made, and clearly from the above, the penalties occur AFTER Impeachment AND Conviction. The two events are clearly separated and discrete as described in the Constitution. Therefore, since Impeachment occurred during his term in office, he meets the Constitutional qualifications.
There is nothing in the Constitution that I can find that restricts when a trial may occur.
The only difference between conviction BEFORE leaving office and conviction AFTER leaving office, is that he cannot be removed from Office; however, all of the other penalties listed in the Constitution: disqualification to hold any Office of honor, Trust or Profit and the liability to Indictment, Trial, Judgment and Punishment remain.
I look forward to corrections from my lawyer friends.