House Majority Whip James Clyburn has stated that the House may wait until after Biden's 100 days to send articles of impeachment to the senate as reported by CNN:
"We'll take the vote that we should take in the House, and (House Speaker Nancy Pelosi) will make the determination as to when is the best time to get that vote and get the managers appointed and move that legislation over to the Senate," Clyburn told CNN's Jake Tapper on "State of the Union." "It just so happens that if it didn't go over there for 100 days, it could -- let's give President-elect Biden the 100 days he needs to get his agenda off and running, and maybe we'll send the articles sometime after that," the South Carolina Democrat added.
This would seem to render the trial moot, as at that point the officeholder whom the articles were introduced against is no longer holding office. Indeed, one reason being floated around is to deny Donald Trump the benefits of being an ex-president as described in the Former Presidents Act, which states the following:
(f) As used in this section, the term “former President” means a person--
(1) who shall have held the office of President of the United States of America;
(2) whose service in such office shall have terminated other than by removal pursuant to section 4 of article II of the Constitution of the United States of America; and
(3) who does not then currently hold such office.
However.....for point 2, if the trial was held after president Donald Trump left office....then that means his service in office was not terminated by section 4 of article II of the constitution and therefore still qualifies as a former president. Separately (and more to the point of the question), you cannot be disqualified from running for office until after you are removed according to this Politics.SE answer:
- Following the Verdict of Guilty or Not Guilty, or the Pronouncement of Judgment, and the Disposition of the Disqualification From Holding Office of Trust or Profit, If Presented, the Senate Sitting as a Court of Impeachment Adjourned Sine Die.
However...if the person being impeached is no longer in office, then they cannot be removed from an office they no longer hold. This reality is what prompted me to ask...
If a federal officer cannot be removed from office because their term has already ended, how can the Senate proceed with subsequent punishments related to impeachment as outlined in the constitution?