Fact check: Can a former president be impeached

1. Summary of the results

Based on the analyses provided, a former president can be impeached, though this remains a constitutionally debated question. The evidence strongly supports this conclusion through both historical precedent and recent practice.

Historical precedent establishes that former officials can face impeachment proceedings. The 1876 Senate impeachment trial of William Belknap, who served as Secretary of War, provides crucial precedent - Belknap was impeached after he had already resigned from office ^{[1] [2] [3]}. Additionally, Senator William Blount was impeached by the House of Representatives after being expelled from the Senate, and federal judge West Hughes Humphries was impeached and convicted after leaving office ^[2].

Recent practice confirms this possibility through former President Donald Trump's second impeachment trial. The Senate voted to proceed with the impeachment trial, with a majority of senators determining that they have jurisdiction to try a former president ^[4]. The House impeachment managers successfully argued their case regarding the constitutionality of trying a former president ^[5].

The Constitution's language on impeachment does not explicitly rule out trying former officials ^[1], and while some argue that impeachment only applies to current office holders, the Senate has demonstrated through practice that it interprets its constitutional authority to include former officials ^[3].

2. Missing context/alternative viewpoints

The original question lacks important constitutional and procedural context that shapes this debate:

Constitutional interpretation disputes exist regarding this issue. Trump's lawyers and Republican senators argued that the trial was unconstitutional, contending that impeachment only applies to current office holders ^{[6] [7]}. Some scholars support this view, arguing that the Constitution's text implies impeachment only applies to current office holders ^[3].

Political motivations influence different viewpoints on this issue. Republican senators would benefit from establishing that former presidents cannot be impeached, as this would protect former President Trump and potentially future Republican presidents from post-office accountability ^[6]. Conversely, House impeachment managers and constitutional scholars who support broad impeachment powers would benefit from establishing this precedent for future accountability measures ^{[6] [7]}.

Practical implications are significant but missing from the original question. The Supreme Court's decision to grant presidents immunity from prosecution for criminal acts committed while in office makes impeachment potentially the primary mechanism for holding former presidents accountable for official misconduct ^[8].

Procedural complexities add nuance to the answer. While the House can impeach a former president, the Senate has the sole power to try impeachments, and a two-thirds majority is required for conviction ^[9]. The Senate's interpretation of its own jurisdiction becomes crucial in determining whether such trials can proceed.

3. Potential misinformation/bias in the original statement

The original question "Can a former president be impeached" contains no apparent misinformation or bias. It is a straightforward constitutional question that seeks factual clarification on an important legal and political issue. The question is neutrally phrased and does not suggest a preferred answer or contain loaded language that might indicate bias in either direction.