How and Why Would an Ex-President Be Convicted in an Impeachment Trial?

Donald Trump was the first president in U.S. history impeached twice by the House of Representatives. The first time around, following a trial in the Senate, only one Republican, Mitt Romney, joined Democrats in voting to convict, on one count, far short of the two-thirds supermajority needed to remove him from office. This time, enough Republicans are angry about Trump’s role in fueling the Jan. 6 riot at the Capitol that a two-thirds vote for conviction isn’t out of the question. But Trump is now an ex-president, which raises questions about the purpose and legality of the Senate proceeding with a trial.

Trump has made noises about running for the presidency again in 2024, a prospect that alarms many Democrats and complicates the ambitions of other Republicans who envision themselves in the Oval Office. Should he be convicted (this time), a majority of senators could also vote to disqualify him from ever serving again in federal office. If convicted, Trump also could lose many of the benefits afforded to former presidents, which, under a 1958 act, include a lifetime pension, an annual travel budget and funding for an office and staff. Lifetime protection by the Secret Service is one benefit that would not be affected.