How can Alcee Hastings vote then??
He was convicted and removed from office of a federal judge.
I found this looking for an answer to the question you asked about a senate retrial on impeachment.
Officer/snip
The Presidential Succession Act of 1947 sets the order of succession. If the currently serving US President is convicted by the Senate, he or she is immediately removed from office. There is an established order of presidential succession, beginning with the Vice President of the United States. In fact, the US has a “deep bench†of potential successors; the order of succession is set to accommodate the potential inability of several people to serve, or for several offices to be vacant at the time a new president is needed. After the vice president, the Speaker of the House and the President Pro Tempore of the Senate are next in line for the presidency. Following the candidates from the Senate and House, the order of succession proceeds through the Cabinet department secretaries, in order of the establishment of their Cabinet departments. State, Treasury, Defense, and the Attorney General are the first four of the 17 Cabinet secretaries, in this order. The Secretaries of Education, Veterans Affairs, and Homeland Security are at the bottom of the succession list.
There are serious concerns about the constitutionality of the 1947 statute, particularly over the Constitution’s use of the term “officer†when discussing succession and whether the term applies to members of Congress. There are those who argue that “officer†restricts members of Congress from participating in presidential succession. This narrow definition of the word “officer†has been used to validate the service of Alcee Hastings as a US Representative from Florida from 1993-2013 after his having been impeached and convicted in 1989 while serving as a federal judge. If members of Congress are “officers†under Constitutional definition, as the Presidential Succession Act assumes, then Hastings would have been ineligible to serve since being a House member would then fall under the “any Office of honor, Trust or Profit†prohibition in Article 1, Section 3.
@Hoodat Thought you might find thisinteresting.
