There is a substantial legal issue, and one which President Trump could win: how can you impeach and remove an official from office if he or she is already out of office? From Jonathan Turley at jonathanturley.org:
elow is my column in the Hill on why President Donald Trump might want to consider skipping the upcoming Senate trial. This is an expanded version of that column. Rumors continue to suggest that Trump is considering Rudy Giuliani as counsel — a role that would be viewed as open contempt to the Senate and, as Karl Rove noted, would increase the chances of a conviction. There is a better defense: no defense.
Here is the column:
In a matter of days, this country will face an unprecedented Senate trial. The Senate not only will try a president for a second time but will do so after he has left office.
Vice President-elect Kamala Harris assures us the Senate can politically “multitask” to deal with an impeachment, an incoming Biden administration and a pandemic. However, the threshold question is whether this is constitutionally one of those tasks — and for soon-to-be citizen Donald Trump, the best defense may be no defense at all.
STRAIGHT LINE LOGIC 