Senate Republicans, unwilling to confront the substantive charges against Donald Trump, are claiming that the Constitution prohibits the trial of a former president. They are wrong. In addition to the vote already taken this year, the Senate previously affirmed in 1876 the constitutionality of trying an official who has left office, the former secretary of war, William W. Belknap, an appointee of Republican President Ulysses S. Grant. The Senate provided further precedent in the little-known trial of former federal judge West H. Humphreys in 1862.
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