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Government,
Constitutional Law

Jan. 13, 2021

Can the Senate try a president after he leaves office?

Senate Majority Leader Mitch McConnell has indicated that a trial in the Senate will begin after Trump leaves office. But does the Senate have jurisdiction over Trump once he is a private citizen? At that point, removal from office is no longer relevant.

John H. Minan

Emeritus Professor of Law
University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

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The House of Representatives has released its draft resolution impeaching President Donald Trump for the incitement of insurrection. Trump's urging a mob of supporters to violently invade the Capitol to set aside the election was a direct attack on American democracy.

Trump has repeatedly demonstrated that he is a threat to the rule of law and national security. Ten former secretaries of defense found it necessary to write an open l...

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