Trump has already been impeached, but legal scholars disagree on whether he can still be tried in the Senate.
No one has ever impeached a president so near to a transition of power. Similarly, the Senate has never tried a president who has since left office.
Donald Trump is the first U.S. president to be impeached twice. Most recently, he was charged with incitement to insurrection. The House of Representatives accused President Trump of inciting violence with false claims of election fraud. The impeachment article stated that President Trump "repeatedly issued false statements asserting that the presidential election results were fraudulent and should not be accepted."
Trump was charged with "incitement to insurrection" over the storming of the U.S. Capitol Building. The House of Representatives impeached him and moved the case to the Senate for a trial. However, a trial will not be carried out before Trump leaves office as the Senate will not be back for a session before January 20. As CNN reporter Daniel Dale tweeted: "According to Senate precedent, a post-conviction vote to prohibit the person from future office would require a simple majority, not the two-thirds that conviction itself requires."
There is considerable debate among constitutional scholars whether Congress can impeach a president who has left office before its attempted impeachment of him. A law professor named Harold J. Krent from the Illinois Institute of Technology's Chicago-Kent College of Law told the Washington Post that a president can only be impeached while in office. But according to NBC News, some legal experts on the congressional power of impeachment believe that he can be impeached as well as tried after leaving the office at noon on January 20.
Law professor Ilya Somin from the George Mason University said that if Congress impeached and convicted a former officeholder, the officer could challenge the move. The courts could also kick the case back to Congress, clarifying that it should be the lawmaker's decision to make and not judges.
Some have said that it would be lawful to impeach somebody out of the office to prohibit future office-holding. A Harvard law school professor emeritus, Alan Dershowitz, was part of Trump's legal team during the first impeachment trial. Media reports indicate Trump is reportedly considering him to defend him a second time. Mr. Dershowitz has stated that Trump has not appealed to him on the same. He has stated that once Trump is out of office, he would be a private citizen who technically cannot be put on trial in the Senate.