Donald Trump’s eligibility to be put on trial is still unknown.

Christian Melendez

On January 6th, 2021, history was made when supporters of Donald Trump stormed the capitol to oppose the results of the November Election. Soon after, Donald Trump became the only President in history to be impeached twice. Now, as he has already left office, the question still remains if he will go on trial before the Senate. The answer is undecided, but both sides have made strong arguments.

 

The events of the Capital riots left many throughout the nation horrified at the behavior that was on display. People were hurt. Some were killed. Then, in the aftermath, Donald Trump was accused of encouraging the riots and within the same week, was impeached for the second time. An impeachment is being accused of a crime, but he has yet to be charged for it. Usually, an impeached President will go on trial before the Senate to see if they will actually be charged with a crime or not. 

 

While Donald Trump was impeached quickly, he left office before actually going to a trial. This is what started the question in the first place. A President has never been put on trial after leaving office. However, to the Democrats, this does not mean that an ex-President can’t be put on trial for their impeachment. Their evidence comes from the United States Constitution. 

 

According to the U.S. Constitution, the Senate can impeach a President, but it is unknown if the Senate can do any more than that to a President who has left office. Since Trump has been impeached already, no further charges can be put on him. Those who disagree say that the Senate does have the power to do so, due to the reasonings that the Constitution states that the President can be impeached by the House for “treason, bribery or other high crimes and misdemeanors.” It says that this rule applies to the President and other government officials. Even though it does not mention an ex-president being in this situation, it does not say anything against it either.

 

Most likely, if the situation comes down to a vote of sorts, the Democrats will win that opinion, as they have more of the power currently. It appears that as long as the Democrats have the power, Donald Trump will end up being put on trial for the aforementioned events. Time will tell, however, exactly what will happen before the trial, if the decision against a former President will hold up, and if the trial goes through, what the verdict will be.