Could Trump be evicted from Mar-a-Lago as his impeachment trial opens?

Palm Beach's town council will discuss whether former president can live at Mar-a-Lago

At 9.30am on Tuesday morning, the town council of Palm Beach, Florida convenes for its regular meeting to discuss ordinances, planning and other municipal business. 

Buried away in the agenda under “new business” is a presentation by town attorney John Randolph on the declaration of use agreement between the town and the Mar-a-Lago Club — namely, can former president Donald Trump live there full time.

By coincidence, as this aspect of Mr Trump’s post-presidency life is brought before the powers-that-be in Palm Beach, the final days of his presidency will be examined as his Senate impeachment trial convenes just under one thousand miles to the north at the US Capitol.

The question of whether or not Mr Trump can live at the club he originally purchased as a private home has been brought up by his neighbours in the exclusive beachfront enclave.

Read more: Follow live Trump impeachment updates

They point to an agreement from 1993 when the club was converted from a private residence to a private club as Mr Trump struggled with financial problems. The rules agreed with the town state that members of the club are prohibited from residing there for no more than three non-consecutive seven day periods in a year.

Mr Trump has flouted this rule a number of times over the years since then, including as president. When the meeting convenes on Tuesday he will have been in residence for 20 consecutive days.

However, an exception to the rule is made for employees of such clubs, which under the town code includes “sole proprietors, partners, limited partners, corporate officers and the like” and there is no direct prohibition to stop Mr Trump as an individual from residing there.

Mr Randolph suggests that the town hear from the interested parties, including the neighbours, and then decide whether any action needs to be taken. A helipad installed for the duration of his presidency has already been removed as Palm Beach does not allow such facilities.

Laurence Leamer, longtime Palm Beach resident and author of the book Mar-A-Lago: Inside the Gates of Power at Donald Trump's Presidential Palace, doesn’t believe any action will be taken by local authorities reagrding his residency.

“Palm Beach is a very sedate place,” says Mr Leamer. “It’s highly unlikely the town will go after him, because his legal argument would be that he has violated these rules for years, so why would they suddenly go after him today.”

Mr Leamer argues that it is unlikely the town would win a fight with the Trumps and such a confrontation would bring more notoriety to Palm Beach - the intense focus on the club for the past four years has tired most locals out.

“Even if the town did fight him, what would they win? He owns two homes outside the gates of Mar-a-Lago. He could live there and visit the club every day,” says Mr Leamer.

Since his arrival in Palm Beach on 20 January, Mr Trump has opened a post-presidency office, has been seen golfing, and attended a Super Bowl party at the Trump International Golf Course in West Palm Beach, not too far from Mar-a-Lago.

His longer term plans however remain unclear, though in his final speech before boarding Air Force One for his final flight, he did promise a return to public life at some point. For now though, Mar-a-Lago looks set to be his home for the foreseeable future.

Reports from former campaign manager Jason Miller suggest that both the former president and former first lady are much happier and relaxed now than they have been in years. 

Along with its pleasant, warm winter weather, another benefit of living in Florida is its favourable tax regime, meaning that jurisdictions such as New York keep a very close eye on people claiming residency in the Sunshine State — another reason why Mr Trump may not be visiting his home state anytime soon. 

However, as Mr Leamer points out, a few months in such a sedate place can get boring after a while. At some point Mr Trump will likely re-emerge with a new project.

“I’ve been referring to Mar-a-Lago as Trump’s Elba,” laughs Mr Leamer, referring to the Mediterranean island to which Napoleon Bonaparte was banished. “And then I realised that Napoleon left Elba after a year and started a war that ended in Waterloo.”

“He’s going to come out of the gates of Mar-a-Lago one day and split the Republican Party in half,” says Mr Leamer, questioning whether half the party would be enough for any further political ambitions of the Trump family.

“The bad things he does to society are by no means over.”