Recently, memes have been floating on social media stating that if Trump is impeached, he would lose the benefits of a former President. For example:
DON’T FORGET. If we don’t impeach Trump, he’s entitled to a lifetime pension, lifetime Secret Service protection and a million dollar annual travel budget. Does a man who led an insurrection against his own country deserve such perks?
— Tea Pain (@TeaPainUSA) January 9, 2021
Not exactly.
The Former Presidents Act (3 U.S.C. 102 note) provides that “former Presidents” will receive certain benefits:
- A monthly pension for life at the rate “of the head of an executive department.”
- An office staff, with an aggregate salary up to $96,000 per year (I imagine this rate covers one full-time equivalent).
- “[O]ffice space appropriately furnished and equipped”
- The President’s widow receives a $20,000 annual pension.
- Up to $1,000,000 per year for “security and travel related expenses.” This appropriation covers secret service protection.
But this statute only applies to a “former President.” The statute lists three factors to define this term:
(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.
As I read the statute, a President whose service is terminated by death would still be a “former President.” His widow would be eligible for a pension. And a President whose service is terminated by resignation would also still be a “former President.” Plus, a President who was removed pursuant to the 25th Amendment would still be a “former President.” The only way that a President would not be a “former President” would be if his service was terminated “by removal pursuant to section 4 of article II of the Constitution of the United States of America.” The key word here is “removal.”
Article II, Section 4, provides:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
President Clinton was impeached, but not convicted, or removed. Likewise, President Trump was impeached, but not (yet at least) convicted or removed.
If President Trump is impeached, convicted, and removed before January 20, he would not be a “former President.” And he would not be eligible for the former President benefits.
If Trump is impeached, but not convicted and removed before January 20, he would be a “former President.” If Trump is impeached before January 20, and convicted after January 20, he would still be a “former President.” Why? A “former President” cannot be removed from a position he no longer holds. At most, former-President Trump could be disqualified from “hold[ing] and enjoy[ing] any Office of honor, Trust or Profit under the United States.”
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