Suppose Trump is reelected in 2024, but the Democrats maintain/regain (depending on the outcome of the elections this year) control of the House and Senate. Could Congress impeach Trump for his actions on January 6 immediately after his inauguration?
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Impeachment is an essentially political process. The Supreme Court has said that it does not rule on the validity of impeachments or senate proceedings on bills of impeachment.
If the House decides that Double Jeopardy does not apply in impeachment proceedings and the Senate convicts on such a bill, then the person convicted would be removed from office.
However, as it takes a 2/3rds vote in the Senate to remove from office, a removal of a re-elected Trump seems quite unlikely.
David Siegel
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Trump has already been impeached for his actions on Jan 6th, 2021. As I understand it, he could not be impeached again for the same offense. However, the Impeachment Judgment Clause, Article I, Section 3, Clause 7, states:
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.
This memorandum on the subject concludes with:
We conclude that the Constitution permits a former President to be criminally prosecuted for the same offenses for which he was impeached by the House and acquitted by the Senate while in office.
In other words, while Trump is likely safe from being impeached, he is not safe from any other criminal charges he may face for the same insurrection, which is what makes the Jan 6 Select Committee a potentially dangerous threat to his future political career.
lawful-n00b
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