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NT Times: How to Impeach a President in 12 Days #15635786 01/10/21
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How to Impeach a President in 12 Days:
Here's What It Would Take

Nicholas Fandos
Sat, January 9, 2021, 9:08 AM CST

clic pic for story
[Linked Image]
House Speaker Nancy Pelosi (D-Calif.) presides as the House of Representatives votes
on a second article of impeachment against President Donald Trump at the Capitol in
Washington on Wednesday, Dec. 18, 2019. (Erin Schaff/The New York Times)


WASHINGTON — After President Donald Trump incited a mob of his supporters who violently stormed the Capitol on Wednesday, Congress is once again weighing whether to impeach him, this time with only days remaining in his term.

It is an extraordinary circumstance raising political, constitutional and logistical questions rarely contemplated in American history. No president has ever been impeached twice or in his waning days in office, and none has ever been convicted.

Given the brevity of his time left in the White House and the gravity of his conduct, lawmakers are also looking at a provision in the Constitution’s impeachment clauses that could allow them to bar Trump from ever holding federal office again.

Democrats are driving the process so far, but some Republicans have indicated they would be open to hearing a case. Here is what we know about how the process might work.

Congress can remove a president for high crimes and misdemeanors.

The Constitution allows Congress to remove presidents, or other officers of the executive branch, before their terms are through if lawmakers believe they have committed “treason, bribery or other high crimes and misdemeanors.”

Impeachment is a two-part process, and deliberately difficult. First, the House votes on whether to impeach — the equivalent of indicting someone in a criminal case. The charges are codified in articles of impeachment detailing the allegations of offenses against the nation.

If a simple majority of the House votes in favor of pressing charges, the Senate must promptly consider them at a trial. The House prosecutes the case, appointing impeachment managers to argue before senators, who act as the jury, and the president is traditionally allowed to mount a defense. The chief justice of the Supreme Court oversees the trial.

In the Senate, the threshold for conviction is much higher. Two-thirds of the senators seated at any given moment must agree to convict; otherwise, the president is acquitted. If all 100 senators were seated at the time of trial, that means 17 Republicans would have to join Democrats to obtain a conviction — a high bar to clear.

Impeaching Trump now could bar him from public office in the future.

While it may seem pointless to impeach a president just as he is about to leave office, there could be real consequences for Trump beyond the stain on his record. If he were convicted, the Senate could vote to bar him from ever holding office again. Following a conviction, the Constitution says the Senate can consider “disqualification to hold and enjoy any office of honor, trust or profit under the United States.”

Only a simple majority of senators would have to agree to successfully disqualify Trump, who is contemplating another run for president in 2024, an appealing prospect not just to Democrats but to many Republicans who are eyeing their own runs.

There’s nothing preventing a second impeachment of Trump.

The House impeached Trump in December 2019 on charges of abuse of power and obstruction of Congress related to his attempts to pressure Ukraine to smear his political rival at the time, Joe Biden. The Senate voted to acquit him of both charges.

Only three American presidents have ever been impeached, including Trump. None has ever been impeached twice.

But there appears to be nothing in the Constitution stopping Congress from impeaching a president again on a new set of charges.

The timing is tight, but not impossible.

With Trump set to leave office on Jan. 20, one of the biggest political and logistical hurdles is the calendar. Past presidential impeachments, including the one the House undertook in 2019, have typically been drawn-out affairs with investigations, hearings and weeks of public debate.

This deliberate process is in part meant to build consensus for such a drastic action, but it is not necessary under the rules. If Democrats and some Republicans are in agreement they must act, they can move in a matter of days, bypassing the House Judiciary Committee, to draw up charges, introduce and proceed directly to a debate and vote on the floor of the House. In this case, since Congress is just beginning and committees have not yet even formed, doing so may be the only practical option.

As soon as the House votes to adopt articles of impeachment, they can immediately transmit them to the Senate, which must promptly begin a trial.

Under one theory being discussed, the House could impeach Trump and hold onto the articles for a few days to wait until Democrats take over control of the Senate, which will occur after Biden is sworn in. The length of a trial, and the rules governing it, are determined by the members of the Senate.

In a memo circulated to senators late Friday, Sen. Mitch McConnell of Kentucky, the majority leader, suggested it may be practically impossible to convene a trial before Jan. 20, when Trump leaves office and Biden is sworn in. The Senate is currently not in session because of the looming inauguration, and all 100 senators would have to agree to change the schedule.

Trump can still be impeached as an ex-president.

History gives little guide on the question of whether a president can be impeached once he leaves office, and House lawyers were racing to understand the legal and constitutional issues.

There is precedent for doing so in the case of other high government officers. In 1876, the House impeached President Ulysses S. Grant’s war secretary for graft, even after he resigned from his post. The Senate at the time considered whether it still had jurisdiction to hear the case of a former official, and determined that it did. Ultimately, the secretary was acquitted.

Michael J. Gerhardt, a constitutional scholar at the University of North Carolina who testified in the last impeachment proceedings, wrote on Friday that he saw no reason Congress could not proceed.

“It would make no sense for former officials, or ones who step down just in time, to escape that remedial mechanism,” he wrote. “It should accordingly go without saying that if an impeachment begins when an individual is in office, the process may surely continue after they resign or otherwise depart.”

This article originally appeared on nytimes.com
This article originally appeared in The New York Times.
© 2021 The New York Times Company


"All that the South has ever desired was that the Union, as established by our forefathers, should be preserved, and that the government, as originally organized, should be administered in purity and truth." – Robert E. Lee
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Re: NT Times: How to Impeach a President in 12 Days [Re: OrangeOkie] #15635813 01/10/21
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Nobody reads that parrot cage liner except the east coast flamers...


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Pro-Constitution.

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Re: NT Times: How to Impeach a President in 12 Days [Re: OrangeOkie] #15635955 01/10/21
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Maybe, but on the other hand, if the Demons can do, they probably will do it.........................they are just that evil & they will only need 17 of the R's in the senate to vote for it,

And that's not out of the realm of reality....................

JMHO

MM

Re: NT Times: How to Impeach a President in 12 Days [Re: OrangeOkie] #15635965 01/10/21
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I don't think they can get it done.


Politics is War by Other Means
Re: NT Times: How to Impeach a President in 12 Days [Re: Tyrone] #15635975 01/10/21
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Originally Posted by Tyrone
I don't think they can get it done.


I don't either, but I don't think they care. They just want to stain his legacy as the only president to be impeached twice.

They've been waiting for this opportunity.



A wise man is frequently humbled.

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Re: NT Times: How to Impeach a President in 12 Days [Re: OrangeOkie] #15636000 01/10/21
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Seems odd to me that they are so hysterical about it.

Re: NT Times: How to Impeach a President in 12 Days [Re: rickt300] #15636013 01/10/21
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Originally Posted by rickt300
Seems odd to me that they are so hysterical about it.



Not odd...if they can impeach him it prevents him from ever running for POTUS again...


As if they couldn't fix another election...


"...the left considers you vermin, and they'll kill you given the chance..." Bristoe
Re: NT Times: How to Impeach a President in 12 Days [Re: OrangeOkie] #15636019 01/10/21
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They can still impeach him after he leaves office; they are blinded by vindictiveness & hate & I don't anything is going to change their direction as long as they are empowered to do it. They are not rational people by any stretch of the imagination.

MM

Re: NT Times: How to Impeach a President in 12 Days [Re: MontanaMan] #15636090 01/10/21
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Originally Posted by MontanaMan
They can still impeach him after he leaves office; they are blinded by vindictiveness & hate & I don't anything is going to change their direction as long as they are empowered to do it. They are not rational people by any stretch of the imagination.

MM

That’s the part that’s hard to understand. How do they remove him from office if he has already left it?

Link?


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Re: NT Times: How to Impeach a President in 12 Days [Re: MontanaMan] #15636104 01/10/21
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Originally Posted by MontanaMan
They can still impeach him after he leaves office; they are blinded by vindictiveness & hate & I don't anything is going to change their direction as long as they are empowered to do it. They are not rational people by any stretch of the imagination.

MM



I don't think they can impeach a private citizen.


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Re: NT Times: How to Impeach a President in 12 Days [Re: OrangeOkie] #15636120 01/10/21
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It's about more than just removing him from office................it's to destroy his place in history, marginalize all his accomplishment, take away his SS protection & any other post-office benefits & bar him from ever holding office again.

The Demons & especially Piglosi, Schiff & Schumer are just bat-schitt crazy, literally.

They are really the one that need to be removed from office.

MM

Re: NT Times: How to Impeach a President in 12 Days [Re: OrangeOkie] #15636155 01/10/21
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I find it completely outside the Constitution that a President could be removed from office if he’s already left office...

Re: NT Times: How to Impeach a President in 12 Days [Re: OrangeOkie] #15636157 01/10/21
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I did a search. It seems possible, but a bit of a stretch.

Fear of a 2024 comeback?

https://reason.com/volokh/2019/12/05/can-the-house-impeach-a-former-president/


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Re: NT Times: How to Impeach a President in 12 Days [Re: OrangeOkie] #15636163 01/10/21
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Democrats already changed every rule, broken every protocol, blatantly stolen a Pres. election
and destroyed a booming economy. Impeaching a private citizen should be a cake-walk.


--- CAUGHT IN THE CROSSFIRE --- Make America Mediocre Again - MAMA!
Re: NT Times: How to Impeach a President in 12 Days [Re: OrangeOkie] #15636225 01/10/21
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I'm sure we can count on the courts to rule justly on impeaching a private citizen. \s

Re: NT Times: How to Impeach a President in 12 Days [Re: OrangeOkie] #15636244 01/10/21
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Impeaching would be a chip shot, but a 2/3rds majority to convict? Even Republican swamp creatures read polls.


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Re: NT Times: How to Impeach a President in 12 Days [Re: rickt300] #15636862 01/10/21
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Originally Posted by rickt300
Seems odd to me that they are so hysterical about it.
Hysteria keeps the $$ rolling in. The key is to get people to be so enraged that they donate before they engage their brain cells.


Politics is War by Other Means
Re: NT Times: How to Impeach a President in 12 Days [Re: OrangeOkie] #15637061 01/10/21
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I'm fairly sure the senate doesn't convene again till the 19th. They are going to get that all done in one day? Not a chance even if the votes where there.

Re: NT Times: How to Impeach a President in 12 Days [Re: OrangeOkie] #15637199 01/10/21
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Tyrone said it:
Quote
Hysteria keeps the $$ rolling in. The key is to get people to be so enraged that they donate before they engage their brain cells.


Nancy pelosi is a motivate nut. she is still upset Americans voted for Donald Trump and not her best friend forever hillary clintoon. She is going to hold that grudge forever because she has let her anger foment into a mental illness. It doesn't make any difference just what role DJT played into the violence on January 6th, she is convinced her solution is right and correct.

Ask yourself, how many members of Congress who voted for obama Care are still left in the Congress ?? Two maybe 3 or 4 ?? If she takes this vote many folks will think like they did for the obama care vote and we will get a new congress. Hell, even some of my left of center democrat friends are keeping their mouths shut tight on this one because the can see and feel her anger. If she will do this to DJT, will she do it to me ?? You know she will. She will put you over the proverbial log and put it to you every chance she gets.

Nancy is a motivated nut and you can see it in her eyes and hear it in her voice. The vote will happen and then comes the fall out. The fall out will not be pretty. The NYT is just another arrogant rag manned by arrogant New Yorkites telling Americans how to think. ONly fools will care.

kwg

Last edited by kwg020; 01/10/21.

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Re: NT Times: How to Impeach a President in 12 Days [Re: KEVIN_JAY] #15637207 01/10/21
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Originally Posted by KEVIN_JAY
I'm fairly sure the senate doesn't convene again till the 19th. They are going to get that all done in one day? Not a chance even if the votes where there.


^^^This^^^

Ain’t gonna happen. Fuqk Piglosi and her Commie Leftist Traitorous Comrades! 😡


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