The Trial Could Consume The Senate During Bidens First Days In Office
Once the Senate receives the impeachment charge, it must immediately take up the issue, as articles of impeachment carry the highest privilege. Under rules in place for decades, impeachment is the only issue the Senate can consider while a trial is underway it cannot simultaneously consider other legislative business.
But Mr. Biden has asked Mr. McConnell whether it would be possible to alter that rule, allowing the Senate to conduct Mr. Trumps impeachment trial on a parallel track to consideration of his cabinet nominees, splitting its days between the two. Mr. McConnell told Mr. Biden he would consult with the Senate parliamentarian on whether that would be possible.
If such a bifurcated process were not possible, House Democrats might choose to hold back the article to allow Mr. Biden time to win confirmation of his team before a trial got underway.
The Senate could hold a trial for Mr. Trump even after he has left office, though there is no precedent for a president being tried after his term is over. Other government officials who were impeached have been tried after they departed.
Only two presidents other than Mr. Trump have been impeached Andrew Johnson in 1868 and Bill Clinton in 1998 and both were ultimately acquitted and completed their terms in office.
Nicholas Fandos contributed reporting.
Trump Impeachment: Here’s How The Process Works
Trump became the first president impeached twice.
How the impeachment process works
Former President Donald Trump faces an unprecedented second impeachment trial this week. Adding to the historic nature of the proceeding is that he is no longer in office and the members of the Senate who will decide his fate are among the victims in the Capitol siege, which he is accused of instigating.
The House of Representatives voted 232-197 on Jan. 13 to impeach Trump for an unprecedented second time for his role in the of the Capitol, which occurred as a joint session of Congress was ratifying the election of President Biden.
The extraordinary step of a second impeachment, which charged Trump with incitement of insurrection, took place just days before Trump was set to leave office. Only two other presidents — Andrew Johnson and Bill Clinton — have been impeached and none have been convicted.
Unlike Trumps first impeachment in 2019 , 10 members of the House GOP, including conference chair Liz Cheney, R-Wyo., voted for impeachment and denounced the presidents actions. Democratic House impeachment managers argued in a brief ahead of his trial, which starts in earnest Feb. 9, that Trump bore “unmistakable” responsibility for the siege and called it a “betrayal of historic proportions.”
“He summoned a mob to Washington, exhorted them into a frenzy, and aimed them like a loaded cannon down Pennsylvania Avenue,” the managers wrote.
Was The Capitol Siege Incited By Trump
Before the storming of the Capitol building, Trump addressed supporters gathered in front of the White House, falsely claiming, “We won this election, and we won it by a landslide.”
He also declared: “All of us here today do not want to see our election victory stolen by emboldened radical left Democrats, which is what theyre doing and stolen by the fake news media. Thats what theyve done and what theyre doing. We will never give up. We will never concede, it doesnt happen. You dont concede when theres theft involved.”
Trump called on his supporters to head for the Capitol and “give our Republicans the kind of pride and boldness that they need to take back our country.”
He also urged his backers to show strength. On Twitter, Trump continued firing up his supporters until the platform deleted some of his tweets and temporarily suspended his account.
For law professor Gaughan, there is no legal doubt that Trump incited violence. “It clearly was an incitement to violence. If that wasn’t an incitement to violence, I don’t know what incitement to violence would be.”
- Date07.01.2021
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The Chaotic Scenes Unfolded After Republican Trump Who Has Refused To Commit To A Peaceful Transfer Of Power Addressed Thousands Of Protesters And Repeated Unfounded Claims That The Election Was Stolen From Him
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The storming of the U.S. Capitol by supporters of President Donald Trump on Wednesday has prompted calls by some lawmakers to remove him from office before President-elect Joe Biden is sworn in on Jan. 20.
The chaotic scenes unfolded after Republican Trump, who has refused to commit to a peaceful transfer of power, addressed thousands of protesters and repeated unfounded claims that the election was stolen from him.
There are two ways to remove a president from office: the 25th Amendment of the U.S. Constitution and impeachment followed by a Senate conviction. In either scenario, Vice President Mike Pence would take over until Bidens inauguration.
A source familiar with the effort said here have been some preliminary discussions among some Cabinet members and Trump allies about invoking the 25th Amendment.
Whats the purpose of the 25th Amendment?
The 25th Amendment, ratified in 1967 and adopted in the wake of President John F. Kennedys assassination in 1963, deals with presidential succession and disability.
Section 4 addresses situations where a president is unable to do the job but does not step down voluntarily.
For the 25th Amendment to be invoked, Pence and the majority of Trumps Cabinet would need to declare that Trump is unable to perform the duties of the presidency and remove him. Pence would take over, in that scenario.
Yes.
Pelosi Calls To Invoke 25th Amendment Or Says Impeachment Effort May Be Carried Out
“I join the Senate Democratic leader in calling on the vice president to remove this president by immediately invoking the 25th amendment. If the vice president and Cabinet do not act, the Congress may be prepared to move forward with impeachment. That is the overwhelming sentiment of my caucus, and the American people, by the way.”
Pelosi said that Trump incited “sedition” on Wednesday when a crowd of his supporters violently stormed the Capitol.
“While it’s only 13 days left, any day can be a horror show for America,” she said.
Under a provision of the 25th Amendment, the vice president can, with the support of the majority of the Cabinet, invoke the the measure and declare Trump unfit for office, which could lead to his early removal. Under such a scenario, the vice president would immediately take over as acting president.
Asked what would spur the House to vote on articles of impeachment, Pelosi said that the fastest way that Trump can be removed is if Pence, with the assistance of members of Trump’s Cabinet, decide to remove up using the 25th Amendment.
“My phone is exploding with impeach, impeach, impeach,” said Pelosi, who admitted that she had no immediate plans yet because she hasn’t gone to sleep since the electoral vote certification process finished around 4 a.m. ET.
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Trump Supporters Stormed The Us Capitol As The Counting Of Electoral College Votes Was Underway One Person Has Died In The Clash
The storming of the US Capitol by supporters of President Donald Trump on Wednesday has prompted calls by some Congressional Democrats to remove him from office before President-elect Joe Biden is sworn in on Jan. 20.
The chaotic scenes unfolded after Republican Trump, who has refused to commit to a peaceful transfer of power, addressed thousands of protesters and repeated unfounded claims that the election was stolen from him.
There are two ways to remove a president from office: impeachment and the 25th Amendment of the US Constitution. In either scenario, Vice President Mike Pence would take over until Biden’s inauguration.
Can Trump be impeached and removed?
Yes.
A misconception about impeachment is that it refers to the removal of a president from office. In fact, impeachment refers only to the House of Representatives, the lower chamber of Congress, bringing charges that a president engaged in a “high crime or misdemeanour” – similar to an indictment in a criminal case.
If a simple majority of the Houses 435 members approves bringing charges, known as articles of impeachment, the process moves to the Senate, the upper chamber, which holds a trial to determine the presidents guilt. The Constitution requires a two-thirds vote of the Senate to convict and remove a president.
What “high crime and misdemeanour” could Trump be accused of?
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How quickly can a president be impeached and removed from office?
What’s the purpose of the 25th Amendment?
Biden Removal From Office Odds
The odds on Joe Biden being removed from office are very slim, but they are nevertheless currently available at many of the top election betting sites, like BetOnline.
Will Biden complete first term as U.S. President?
- Yes -200
- No +150
These odds propose an outcome that suggests that Biden has little to no chance of being removed from the Oval Office, but the cash winnings that can be earned is substantial due to the low probability of occurring.
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Can He Be Tried Now He Has Left
It is never happened before, so it is untested and the US Constitution does not say.
Impeachment proceedings against President Richard Nixon were ended when he quit in 1974.
So Mr Trump could take his case to the Supreme Court, claiming his trial was unconstitutional.
Some lower ranked officials have been impeached after leaving office.
There’s Also A Legal Loophole To Legally Remove The President
In 2019, Trump’s top-most advisers reportedly discussed using the Constitution to remove him from office.
A then-anonymous senior official in the Trump administration wrote an op-ed in The New York Times in September 2018, claiming there was a “quiet resistance” undermining the president. The official wrote that “there were early whispers within the cabinet of invoking the 25th Amendment.”
Later that month, The New York Times, citing anonymous officials who were briefed on the meetings, reported that deputy attorney general Rod Rosenstein discussed invoking it in conversations with other Justice Department officials after Trump fired James Comey as FBI director in May 2017.
In February 2019, CBS revealed that former FBI deputy director Andrew McCabe told “60 Minutes” that he and other Justice Department officials met to discuss whether they could get a majority of Cabinet members to remove Trump from office after Comey’s firing. Trump fired McCabe in March 2018.
Trump himself reportedly didn’t know what the 25th Amendment did at the time. When former adviser Steve Bannon told him early in his term that it posed the biggest threat to his presidency, according to Vanity Fair, Trump said, “What’s that?”
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What Is The 25th Amendment Of The Us Constitution And Can It Be Invoked To Remove Donald Trump From Office
Will the 25th Amendment be invoked and can Donald Trump be removed from office before his term ends? Everything you need to know
Democrats hoping to use the 25th Amendment to oust Donald Trump from office appear to have been thwarted after Mike Pence said he opposed the move.
The US vice president on Tuesday announced that he would not be invoking the 25th Amendment, a mechanism that allows a majority of the cabinet to remove a president who cannot fulfil his duties.
Mr Pence said in a letter to Nancy Pelosi, the Democratic House speaker who backed a resolution calling for the move, that it would set a terrible precedent.
The House may still vote to invoke the Amendment but Mr Pence is not required to act upon it.
So what happens next? Here’s what we know.
The Other Way To Remove The President: The 25th Amendment
Conviction in the Senate is one way to remove the president, but its not the only one. Another option lies with the 25th Amendment of the US Constitution, which would require action from the presidents own Cabinet. Earlier this year, Prokop explained how the 25th Amendment works:
Specifically, thats Section 4 of the 25th Amendment to the Constitution. The amendment states that if, for whatever reason, the vice president and a majority of sitting Cabinet secretaries decide that the president is unable to discharge the powers and duties of his office, they can simply put that down in writing and send it to two people the speaker of the House and the Senates president pro tempore.
Then the vice president would immediately become acting president, and take over all the presidents powers.
Let that sink in one vice president and any eight Cabinet officers can, theoretically, decide to knock the president out of power at any time.
If the president wants to dispute this move, he can, but then it would be up to Congress to settle the matter with a vote. A two-thirds majority in both houses would be necessary to keep the vice president in charge. If that threshold isnt reached, the president would regain his powers.
But the 25th Amendment has never been invoked to remove a sitting president. In other words, if Trump goes, it will probably be the result of the ballot box in 2020.
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What Happens If A President Is Convicted After Leaving Office
“There’s now no scenario where Trump’s service is going to be terminated by the Senate,” Vladeck said. “Even if the Senate ultimately votes to convict, I actually think Trump will have a pretty good argument that at least based on the text of the statute, he’s still a qualifying former president, and that would settle the matter.”
Lichtman drew the same conclusion from a narrow reading of the statute, though he said it probably wasn’t the intention of Congress when it drafted the law.
“I don’t think they contemplated a situation like this one, where the impeachment of the House come so late that a trial could take place after the president takes office either because he’s defeated or retired. But I certainly think the intent of the law was that if you’re guilty of high crimes and misdemeanors you don’t deserve the perks,” he said.
This creates a legal gray area between the way the law is written and what Congress intended. But Vladeck said the only way for the issue to end up in court is for the General Services Administration to refuse to treat President Trump as a former president, and for Mr. Trump to sue them in return.
“I just don’t see that happening,” he said. “Even if Trump is convicted I assume the GSA will treat him as a former president based on this particular reading of the statute.”
Trump Impeachment: What To Expect From Senate Trial
Former US President Donald Trump is being put on trial by lawmakers for allegedly inciting a riot at the US Capitol.
Last month Mr Trump became the first president in US history to be charged with misconduct – or impeached – twice by the lower chamber of Congress.
Republicans and Democrats in the House of Representatives voted to pass an article of impeachment that accused Mr Trump of “incitement of insurrection”.
The article alleged that Mr Trump had made false allegations of election fraud and encouraged his supporters to storm Congress on 6 January.
Now a trial is being held in the upper chamber of Congress, the Senate, which will decide whether to convict or clear Mr Trump of the charge.
This is an unprecedented moment for the US, which has never put an impeached president on trial after they have left office.
So, what can we expect?
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