Democrats argue 1876 case is 'clear precedent' for impeaching Trump post-presidency


The 1876 impeachment of William Belknap, who served as secretary of war under former President Ulysses S. Grant, provides a "clear precedent" for trying former President Donald Trump in the Senate, Rep. Joe Neguse (D-Colo.), a House impeachment manager, argued Tuesday during a debate over the constitutionality of Trump's second impeachment.
Neguse explained to the Senate that Belknap, who was "involved in a massive kickback scheme," rushed to the White House before his wrongdoing became public to resign so he could "avoid any further inquiry into his misconduct and ... to avoid being disqualified from holding federal office in the future." But the House moved forward and unanimously impeached, anyway.
Then, when his case reached the Senate, Neguse said, Belknap "made the exact same argument" Trump, his legal team, and many GOP senators have made — that the upper chamber lacks the power to try a former official. In 1876, though, Neguse continued, lawmakers were "outraged" at the suggestion. "They knew it was a dangerous, dangerous argument with dangerous implications," Neguse said. "It would literally mean that a president could betray their country, leave office, and avoid impeachment and disqualification entirely."
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The Senate then "decisively voted" that the Constitution required them to hold the trial. Neguse clarified that the Senate ultimately acquitted Belknap, but "only after a thorough, public inquiry." Read more about Belknap's trial. Tim O'Donnell
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Tim is a staff writer at The Week and has contributed to Bedford and Bowery and The New York Transatlantic. He is a graduate of Occidental College and NYU's journalism school. Tim enjoys writing about baseball, Europe, and extinct megafauna. He lives in New York City.
-
The rise of the performative male
Talking Point What the latest internet trope tells us about gender roles, dating and male illiteracy
-
5 cracking cartoons about the new Cracker Barrel logo
Cartoons Artists take on MAGA designs, real issues, and more
-
Should you downsize for retirement? Here's what to consider.
The Explainer Moving to a smaller place may seem easier, but there are also some real benefits to staying put
-
Russian strike on Kyiv kills 23, hits EU offices
Speed Read The strike was the second-largest since Russia invaded in 2022
-
UN votes to end Lebanon peacekeeping mission
Speed Read The Trump administration considers the UN's Interim Force in Lebanon (UNIFIL) to be a 'waste of money'
-
Israeli double strike on Gaza hospital kills 20
Speed Read The dead include five journalists who worked for The Associated Press, Reuters and Al Jazeera
-
China is silently expanding its influence in American cities
Under the Radar New York City and San Francisco, among others, have reportedly been targeted
-
Kyiv marks independence as Russia downplays peace
Speed Read President Vladimir Putin has no plans to meet with Zelenskyy for peace talks pushed by President Donald Trump
-
Trump halts Gaza visas as Israelis protest war
Speed Read Laura Loomer voiced her concerns over injured Palestinian kids being brought to the US for treatment and a potential 'Islamic invasion'
-
Russia tries Ukraine land grab before Trump summit
Speed Read The incursion may be part of Putin's efforts to boost his bargaining position
-
US, China extend trade war truce for 90 days
Speed Read The triple-digit tariff threat is postponed for another three months