“Nonetheless, three additional constitutional provisions may be relevant. First, at least some of the charges Trump faces could be deemed “high crimes and misdemeanors” within the meaning of Article II, Section 4 of the Constitution, thus warranting impeachment by the House and removal by the Senate. Second, if Trump is actually in prison on Inauguration Day, that fact could render him “unable to discharge the powers and duties of his office” within the meaning of the Twenty-fifth Amendment. Third, depending on the nature and disposition of the charges brought by Smith, Section 3 of the Fourteenth Amendment could render Trump ineligible to hold any federal office, including the presidency, in virtue of his “having previously taken an oath . . . to support the Constitution” but then having “engaged in insurrection or rebellion.””
I wonder if he could be impeached after the election; but before his term begins. I think it’s accepted that a President can be impeached after his term is over for crimes during his presidency. But would that apply prospectively?
