EXPLAINER: Can Trump be impeached after leaving office?

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Copyright 2021 The Associated Press. All rights reserved.

A cameraman waits by an unused microphone stand outside the West Wing at the White House, Tuesday, Jan. 19, 2021, in Washington. On President Donald Trump's last full day in office, there was an eerie quiet, with no public events scheduled, his last event being Jan. 12, seven days earlier. (AP Photo/Gerald Herbert)

WASHINGTON – President Donald Trump might argue the calendar is his friend when it comes to a second impeachment trial.

Trump's impeachment last week by the House of Representatives for his role in inciting the riot at the U.S. Capitol set up his trial in the Senate. But there's one potential wrinkle.

In 2019, the last time Trump found himself impeached by the House, he had nearly a year left in his presidency. But on Wednesday, with the inauguration of Joe Biden, Trump will be out of office by the time any Senate trial gets started.

Some Republican lawmakers argue it's not constitutional to hold an impeachment trial for a former president, but that view is far from unanimous. Democrats for their part appear ready to move forward with a trial.

On Tuesday, Sen. Joni Ernst, R-Iowa, said she doesn’t think a post-presidency impeachment trial is constitutional. But Sen. John Cornyn, R-Texas, wasn’t so sure.

“I think there’s serious questions about it,” he said.

Connecticut Democrat Richard Blumenthal, meanwhile, said it was “bogus” that a trial after Trump leaves office wouldn't be constitutional, noting that the Senate has held impeachment trials of federal judges after they’ve resigned.

“So whether somebody resigns, or runs out the clock it makes no difference. They can still be held accountable and there’s nothing in the spirit, or the letter of the impeachment provisions in the Constitution that argues against it,” he said.