A question posed after the recent developments
How to impeach Trump during the remaining days of his presidency
One of the demonstrators of Trump's behavior holds up a banner calling for his impeachment and impeachment again.
House Speaker Nancy Pelosi calls for Trump to be held accountable by activating the 25th Amendment to the Constitution.
A.F.B.
Trump supporters stormed the "Capitol" building.
Reuters
Trump incited his supporters to spread chaos after losing an election, Reuters
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The storming of the Capitol building prompted Democrats to organize a new campaign in an attempt to remove President Donald Trump from office, due to his incitement by crowds of his supporters who stormed the Capitol building with violence, last Wednesday, but the question is how he might remain in office Less than 10 days?
It seems that this is an exceptional circumstance that raises political, constitutional and logistical questions, which have rarely been contemplated in American history. No president has ever been tried twice, or even in his last days in office, and no president has ever been convicted, and given the short time remaining. In the White House and the seriousness of his behavior, lawmakers are also looking into defining an impeachment clause in the constitution that could allow them to prevent Trump from holding any federal position again.
Democrats are leading the impeachment campaign so far, but some Republicans have indicated that they will be open to considering the issue. Here's how the impeachment process works:
Rationale for dismissal
Congress can remove the president for serious crimes and misdemeanors. The constitution allows Congress to dismiss presidents, or other executive branch officials, before their term ends if legislators believe they have committed "treason or received a bribe, or other major crimes and misdemeanors."
Dismissal is a two-part process and is characterized by its difficulty intentionally. First, the House of Representatives votes on whether the president should be removed, which is equivalent to indicting a person in a criminal case, then specifying the articles of the charges under which the removal is carried out, which details the allegations of the crimes he committed against Nation.
If a simple majority in the House of Representatives votes in favor of bringing charges, the Senate must immediately consider them to form the court, the House of Representatives adjudicates the case, and appoints accountability directors who debate the issue before senators and serve as juries, and the president is traditionally allowed to delegate whoever defends The Chief Justice of the Supreme Court supervises the trial.
The conviction threshold in the Senate is much higher, as two-thirds of the senators present must at any point agree to the conviction, otherwise the president is acquitted, and if all of the 100 senators are present at the time of the trial, that means that 17 Republicans will have to join the Democrats. To obtain a conviction, which is a big hindrance.
Trump's impeachment may prevent him from holding future public office.
While it may seem pointless to impeach a president while he prepares to leave office, there could be real consequences for Trump that go beyond the stigma of his record. If he is convicted, the Senate can vote to prevent him from taking office again. After conviction, the constitution states that the House Senators can consider "ineligible to hold any honorary or profitable position in the United States."
And only a simple majority of senators will have to agree to disqualify Trump, who is considering running for president in 2024, an attractive prospect not only for Democrats, but for many Republicans looking to run for the presidency.
There is nothing to prevent a second Trump trial
Trump was held accountable by the House of Representatives in December 2019, on charges of abuse of power and obstruction of Congress in connection with his attempts to pressure Ukraine to discredit his political rival at the time, Joe Biden, and the Senate voted to acquit him of both charges.
Only three US presidents have been questioned, including Trump, and no president has been questioned twice, but it appears that nothing in the constitution prevents Congress from questioning a president again due to a new set of charges.
The timing is tight, but not impossible
As the time approaches for Trump to leave office on January 20, time is one of the biggest political and logistical obstacles, and previous presidential impeachment procedures, including those overseen by the House of Representatives in 2019, have typically been protracted cases rife with investigations, hearings and weeks of debate. The year.
These investigations aim to build consensus to take such a drastic measure, but they are not necessary under the rules, and if Democrats and some Republicans agree on that, they must act, and they can act within days, bypassing the House Judicial Committee, to press charges and move forward, And entering directly into debate and voting within the House, and in this case, since Congress has just been formed, and committees have not yet formed, doing so may be the only practical option, and once the House of Representatives votes on the accountability provisions, they can immediately refer them to the Senate, Who should start the trial immediately.
Investigation ... and wait
Under one of the theories being discussed, the House of Representatives could hold Trump accountable and wait a few days for Democrats to take control of the Senate, which will take place after Biden is sworn in, and senators determine the length of the trial, and the rules that govern it.
In a memo distributed to senators late Friday, the majority leader, Senator Mitch McConnell, suggested that it might be virtually impossible to hold a trial before Jan.20, when Trump leaves office and Biden takes the oath, and the Senate is currently suspending its sessions. Due to the impending inauguration of the president, all 100 senators will have to agree to a change of schedule, which is extremely unlikely.
Trump's trial as former president
History provides little guidance about the possibility of questioning the president once he leaves office. Attorneys for the House of Representatives have been arguing over such legal and constitutional issues, and there is precedent in this regard relating to the trial of high-ranking government officials in 1876, in which the House of Representatives accused a Minister of War, President Ulysses Grant, By graft, even after he resigned from his post, and the Senate at that time considered whether it still had jurisdiction to hear the case of a former official, and decided that it was legal, and in the end the minister was acquitted.
University of North Carolina constitutional scholar Michael J.
Gerhard, who testified in the latest impeachment proceedings, on Friday, said he saw no reason why Congress should not move forward on this matter, adding: “It would not make sense for former officials or those who step down in time to escape this accountability mechanism. “Accordingly, if accountability measures begin, it is certain that the process may continue even after the relevant official resigns or leaves office.
Impeachment is a two-part process that is characterized by its difficulty intentionally. First, the House of Representatives votes on whether the president should be removed, which is equivalent to indicting a person in a criminal case, and then determining the articles of the charges under which the impeachment is carried out, which show the allegations of crimes committed against the nation .
There may be real consequences for Trump that go beyond the stigma of his record. If he is found guilty, the Senate can vote to prevent him from taking office again, and after conviction, the constitution stipulates that the Senate can consider his "ineligibility to hold any honorary or profitable position in the United States." .
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