Yes, you can try a former president: a constitutional primer Kirk Jenkins FacebookTwitterEmail President Donald Trump turns to reporters as he exits the White House to walk toward Marine One on the South Lawn on Jan. 12.Olivier Douliery / AFP / TNS Counsel to former President Donald Trump will argue in the upcoming impeachment trial that an impeachment trial of a former president is unconstitutional. They are mistaken. Article II, Section 4 of the Constitution provides that a sitting officer must be removed from office upon impeachment and conviction. It does not exclude former officeholders from impeachment. Article I, Section 3 provides for a penalty applicable to former officeholders: “disqualification to hold and enjoy any office ... under the United States.”