Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Could President Trump be impeached and convicted – but also reelected?

Opinion

President Donald Trump

"So even if President Trump were impeached and convicted, there is the possibility that he could be reelected to the same office from which he had been removed," writes Austin Sarat.

Drew Angerer/Getty Images

The ConversationSarat is a professor of jurisprudence and political science at Amherst College.

The launching of an "official impeachment inquiry" into President Donald Trump's conduct has sailed America into largely uncharted waters.

While there have been demands for the impeachment of many presidents, just three previous ones – Andrew Johnson, Richard Nixon and Bill Clinton – have faced formal impeachment inquiries, and the Senate convicted none of them. None of those three sought reelection.

After Johnson's acquittal, he was denied his party's presidential nomination. Nixon and Clinton were in their second terms already and could not run for reelection.

Trump, however, is already doing so.

As a scholar of American legal and political history, I have studied the precedents for dealing with this strange conundrum. A little-known wrinkle in the Constitution might allow Trump to be reelected president in 2020 even if he is removed from office through the impeachment process.


The constitutional framework

At the time the Constitution was ratified in 1788, many of its authors regarded impeachment as an improvement over the violent methods often used in Europe to get rid of corrupt rulers. Nonetheless, they recognized the dangers that impeachment would always present.

As if commenting on the current moment, Alexander Hamilton noted in 1788, that it will "agitate the passions of the whole community, and … divide it into parties more or less friendly or inimical to the accused. In many cases, it will connect itself with preexisting factions and will enlist all their animosities, partialities, influence, and interest on one side or the other."

The Founders were careful about defining and regulating this dangerous power. They gave the House of Representatives "the sole Power of Impeachment," and specified that the Senate "shall have the sole Power to try all Impeachments," with a two-thirds majority required for conviction. They specifically prevented the president's pardon power from reversing impeachments.

They also limited the possible punishments that the Senate may impose to "removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States." But they only required that an impeached and convicted official "be removed from office" – but did not mandate that the person also be disqualified from holding a future office.

Nowhere does the Constitution define the standards for disqualification. Moreover, the Senate has declined to establish a standard.

But, as Ohio State University law professor William Foley points out, Senate procedures require separate votes to convict someone of an impeachable offense and to impose a disqualification penalty.

So even if President Trump were impeached and convicted, there is the possibility that he could be reelected to the same office from which he had been removed.

Impeachment and disqualification

Of the 17 historic impeachment proceedings brought against judges and other officials who rank lower than president, 14 went to trial in the Senate and eight resulted in a guilty verdict.

In only three of those cases did the Senate bar – or "disqualify" – those who were convicted from holding office in the future.

First was West H. Humphreys, a federal district judge from Tennessee at the start of the Civil War, who refused to hold court and announced his support for the Confederacy. He was impeached and disqualified on charges of neglecting his judicial duties and waging war against the government of the United States.

In 1913, Robert W. Archbald, an associate judge of the United States Commerce Court, was convicted of the more prosaic offense of doing business with litigants before his court, and forever barred from holding office. The Senate found that he "willfully, unlawfully, and corruptly took advantage of his official position."

The third instance of removal and disqualification occurred in 2010. In that case, Congressman Adam Schiff, now one of the key players in the Trump impeachment hearings, took the lead in prosecuting Judge G. Thomas Porteous Jr. of Louisiana. Porteous was found guilty of receiving cash from lawyers who had dealings in his court, of fraudulent dealings with creditors and of misleading the Senate during his confirmation proceedings.

History also reveals one curious instance of impeachment without disqualification, in which the person convicted ran for and won another office. Federal district judge Alcee Hastings of Florida was removed from office in 1989 for perjury and conspiring to solicit a bribe. Since 1993, he has been representing a Florida district in the U.S. House of Representatives.

Other people charged with perjury and bribery, as well as crimes like tax evasion, also have been convicted but not disqualified. In the end, it's hard to say what distinguishes those cases from the others.

What the Senate might decide

Professor Foley writes that if President Trump is impeached and convicted, the Senate should follow the Hastings precedent and not prevent him from running again for office. In Foley's view, the American electorate should "decide whether Trump, despite his attempt to subvert the system, should have another chance."

Given the timing of an impeachment vote in the House and a Senate trial, a verdict could be rendered with the 2020 general election campaign in full swing, or even between Election Day and inauguration. This would create serious doubt and deep division about whether a president removed from office could legitimately take the oath of office again. Such a result might, as the president himself tweeted, "cause a Civil War like fracture in this Nation from which our Country will never heal."

To avoid that severe a split, uphold the Founders' view of impeachment and minimize the perils of division that they feared, the Senate should, if the president is convicted, heed Alexander Hamilton's advice and disqualify him too, ensuring that impeachment and removal from office results in "a perpetual ostracism from the esteem and confidence and honors and emoluments of … (this) country."

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Read More

Money and the American flag
Half of Americans want participatory budgeting at the local level. What's standing in the way?
SimpleImages/Getty Images

For the People, By the People — Or By the Wealthy?

When did America replace “for the people, by the people” with “for the wealthy, by the wealthy”? Wealthy donors are increasingly shaping our policies, institutions, and even the balance of power, while the American people are left as spectators, watching democracy erode before their eyes. The question is not why billionaires need wealth — they already have it. The question is why they insist on owning and controlling government — and the people.

Back in 1968, my Government teacher never spoke of powerful think tanks like the Heritage Foundation, now funded by billionaires determined to avoid paying their fair share of taxes. Yet here in 2025, these forces openly work to control the Presidency, Congress, and the Supreme Court through Project 2025. The corruption is visible everywhere. Quid pro quo and pay for play are not abstractions — they are evident in the gifts showered on Supreme Court justices.

Keep ReadingShow less
Who Should Lead Venezuela? Trump Says U.S. Will “Run the Country,” but Succession Questions Intensify

U.S. President Donald Trump at Trump’s Mar-a-Lago club on December 28, 2025 in Palm Beach, Florida.

AI generated image with Photo by Joe Raedle/Getty Images

Who Should Lead Venezuela? Trump Says U.S. Will “Run the Country,” but Succession Questions Intensify

CARACAS, Venezuela — Hours after U.S. forces captured Venezuelan President Nicolás Maduro in a large‑scale military operation, President Donald Trump said the United States would “run the country” until a “safe, proper, and judicious transition” can take place. The comments immediately triggered a global debate over who should govern Venezuela during the power vacuum left by Maduro’s removal.

Trump said Venezuelan Vice President Delcy Rodríguez had been sworn in as interim president.The president said that “we’ve spoken to her [Rodriguez] numerous times, and she understands, she understands.” However, Rodríguez, speaking live on television Saturday, condemned the U.S. attack and demanded "the immediate release of President Nicolas Maduro and his wife Cilia Flores. The only president of Venezuela, President Nicolas Maduro."

Keep ReadingShow less
Donald Trump is becoming Joe Biden version 2.0

U.S. Secretary of State Marco Rubio (L) speaks during a Cabinet meeting alongside U.S. President Donald Trump and U.S. Secretary of War Pete Hegseth in the Cabinet Room of the White House on Dec. 2, 2025 in Washington, D.C.

(Chip Somodevilla/Getty Images/TCA)

Donald Trump is becoming Joe Biden version 2.0

In the year since Democrats lost the 2024 election, with Donald Trump beating then President Biden in all seven swing states, they’ve struggled to admit exactly what went wrong.

It wasn’t one thing. For starters, Biden got precipitously older in the last two years of his presidency, often leading to moments that seemed to concern voters more than it did those closest to Biden and Dems in leadership, who insisted he was in perfect health.

Keep ReadingShow less