Commotion: Obama Impeachment
The Claim
Former President Barack Obama can be impeached, even though he’s not a sitting president.
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Emerging story
The claim went viral in late January 2021, following the impeachment process of former President Donald Trump.
Misbar’s Analysis
Even though he’s no longer president, another impeachment trial for Donald Trump is about to begin. Several people question whether or not a president can be impeached after they left office. As a result of this confusion, some have argued that, if Trump can be impeached, so can Obama. Some politicians have even said they’re going to impeach several other presidents as well, such as Jimmy Carter and Bill Clinton.
Misbar’s investigation found that the constitution is notoriously vague about impeachment. For example, it states that presidents can be impeached for “high crimes and misdemeanors.” It also doesn’t clarify whether or not a trial can last until after the president leaves. Notably, it does not say “former president” at any point. As Trump was president when impeachment proceedings began, it’s seemingly within the constitutional scope for Trump to be impeached. It should be further mentioned that this is unprecedented, so it’s currently impossible for us to make any completely accurate guesses.
Further, some legal scholars disagree with this assessment. Nonetheless, there is no language in the constitution that suggests that former presidents can (or cannot) have impeachment charges filed against them.