Most constitutional experts say that the continued impeachment proceeding against former President Donald Trump is constitutional, for the purpose of disqualifying former public officials from ever holding future office.
If this were not so, as a bipartisan group of legal scholars explained, “then an official who betrayed the public trust and was impeached could avoid accountability simply by resigning one minute before the Senate’s final conviction vote.”
Furthermore, the House of Representatives had impeached Trump for the second time while he was still president, on January 13. While that occurred, Sen. Mitch McConnell (R-KY) refused to bring the Senate back to conduct a trial during the remaining week that he was still the majority leader, which thus resulted in Trump’s trial being pushed into President Joe Biden’s term.