Impeachment: Democrats and Republicans team up to disqualify Trump for life

This Wednesday, January 20, the presidential term of Donald Trump officially ends, to make way for Joe Biden. The tycoon walks out the back door, refusing to acknowledge his electoral defeat and absent himself from the inauguration. Worse still, he leaves the White House with an impeachment trial open in the US Congress.

Now, why impeach him – for the second time in less than two years – if his term ended? It turns out that the decision of the Democratic party bench in Congress responds to other factors that go beyond the already impossible impeachment of Trump.

It all started after his «energetic» speech on January 6. That day, he held a rally near the legislature, just before the assault on the Capitol by violent groups. In his speech, he again denounced electoral fraud -without evidence- and called on his followers to prevent the Senate from meeting.

His intention was to prevent Biden’s victory from being proclaimed in the elections on November 6. Then, thousands of people turned on the Capitol and took the headquarters of the legislative body for a few hours.

Five people died in these events. A Capitol police officer was killed from injuries sustained in the riot. In addition, the police shot and killed a woman inside the compound. Meanwhile, three other people died from «medical emergencies», according to authorities.

Opening of an impeachment

As a result of these events, the House of Representatives decided to initiate an impeachment against the president. The political trial was approved on January 13 with the vote of 232 legislators, against 197 of rejection. Ten Republicans stood out among those who supported the measure. Thus, for the first time in the history of the United States a president was indicted twice.

The indictment imputes a single crime to Trump: «incitement to insurrection». That day, Democrats and a growing number of Republicans – including some who voted against – declared that he was unfit for office. In addition, some warned that in the following days he could cause more damage.

“President Trump seriously jeopardized the security of the United States and its institutions of Government. (…) He will continue to be a threat to national security, democracy and the Constitution if he is allowed to remain in office”, states the impeachment bill.

The head of the House of Representatives, Nancy Pelosi, argued that the impeachment was necessary, despite the limited number of days remaining in his term. «The president’s threat to the United States is urgent, and so will our action», she emphasized during the session.

For Pelosi and a large number of lawmakers, Trump’s actions were personal and premeditated. The congresswoman was one of those who had to hide in a bunker during the Capitol riots. Local media reported that armed protesters threatened employees and demanded to know: «Where is Nancy?»

After being approved by a simple majority in the House of Representatives, the next step will be taken in the Senate. To do this, Pelosi must refer the bill with the articles of impeachment to that instance.

What they say from the Senate

The Guardian newspaper recalled that Republican votes made this «the most bipartisan presidential impeachment in history. By comparison, only five Democrats voted to impeach Bill Clinton in 1998. «

Republican Majority Leader Mitch McConnell will remain in office until Democrats take office on January 20. The senator assured – with slightly subtle words – that it would be difficult for him to bring the debate to that stage before the transfer of command. Therefore, it was almost decreed that any vote to condemn Trump would take place after leaving the White House.

So, the closest date would be from January 21. But, some Democratic lawmakers proposed delaying sending the articles to the Senate until the Biden administration is established. That includes the urgent approval of the members of the Cabinet and not to distract the first days of government. Although Biden has suggested that the Senate split its time between impeachment and its agenda.

What would the Senate trial look like?

On the first day, there is the arrival and greeting of the president of the Supreme Court of Justice and the inauguration of the Senate. On the second day the rules of impeachment would be established. Then, there would be a traditional trial, with presentations and arguments from both parties.

In that sense, the debate could extend into the early days of the Biden administration. However, an abbreviated trial with shorter speeches, or a half-day time trial, are also available as options. These options would allow the Senate to continue its other job during the transition.

How many votes does it take to impeach Trump?

The impeachment must be approved by a two-thirds majority in the Senate: 67 votes are required. Following the two successes of the Democrats in the Georgia runoff elections, the new Senate will be delicately balanced 50-50 between Democrats and Republicans. However, Vice President Kamala Harris will have the deciding vote.

In other words, that means impeaching Trump requires the vote of 17 Republican senators. Recall that a year ago, the outgoing president was easily acquitted in his previous impeachment. This time, a Republican in the Senate found him guilty of one charge.

But now, the vote could be different. First, because now the accusation is much simpler and more direct: that Trump is guilty of inciting an insurrection. Still, reports from the New York Times and Axios suggest that it all depends on McConnell. If the Majority Leader believes that Trump has committed crimes that can be challenged and is willing to vote to convict him, it will be easier for other Republicans to do so.

But, who will legally defend Trump? The Guardian noted that the return of his original lawyers, who represented him in his first impeachment trial, is not expected. Then, the defense would fall to Rudy Giuliani, part of Trump’s personal legal team, and Alan Dershowitz, who supports the tycoon on ‘freedom of expression’ grounds.

Why put him on trial out of office?

If Trump is found guilty, another big door opens, for both Democrats and Republicans. The Senate could call another vote to prevent him from running for president again in the 2024 elections. This would not require more than a simple majority, half plus one, something that Democrats will have.

That vote would invoke the 14th amendment, which excludes, from federal or state office, any American who participates in an insurrection or rebellion. Section 3 of this amendment states the following:

“No person may be a senator or representative in Congress, or an elector of the president and vice president of the United States, or hold positions, civil or military, in the United States, or in any state, if, having previously taken an oath as a member of the Congress, or as an officer of the United States, or as a member of any legislature of any state, or as an officer of the executive or judicial power of that state, to defend the Constitution of the United States, has incurred in insurrection or rebellion against them, or has given aid or comfort to his enemies. But Congress can, by a two-thirds vote of each House, withdraw such inability».

Now, can the 14th Amendment be used if Trump is acquitted? Although it would be a decision subject to legal challenge, some legislators believe it is. They believe it can be applied to prevent Trump from running again, even if he is acquitted. This would also require only a simple majority of votes in the Senate, which, under Democratic control, would pass.

What else are they looking for with this impeachment?

In recent days, some Democratic and Republican voices seem more inclined to debate and pass a vote of no confidence in Trump in the Senate. However, House Speaker Nancy Pelosi refuses to make that an option. Simply put, she considers it insufficient.

As we have already explained, those who pursue the idea of impeachment aim at a deeper goal than the already impossible impeachment of Trump. Even, far beyond prohibiting him from holding any public office in the future.

If Trump is found guilty at the impeachment, he, too, would lose the lifetime benefits he gets under the Ex-Presidents Act (1958). These include – among others – a pension, health insurance and a travel budget of up to a million dollars. He would also lose a number of security measures, all paid for by American taxpayers.

What is Trump’s position?

As expected – that was the case throughout his tenure – Trump does not assume any responsibility for fomenting the violent insurrection. On the contrary, he has pointed out that in encouraging his supporters to march to the Capitol, «people thought that what I said was totally appropriate».

Unlike before his first impeachment trial, now Trump does not have a Twitter account with more than 80 million followers to answer the accusations and make false and inappropriate allegations. The social network suspended his account indefinitely for violating its policies and rules of use.

The gaze during the impeachment will then be on the legislators. The debate in the House turned out to be unusually ‘high’ as the impeachment bill passed. In the Senate, the debate will take place after the Republican majority did not want to certify the victory of Biden.

The million dollar question

Is it valid after January 20? That is the question that citizens ask themselves on social networks. The BBC agency reports that constitutional experts do not agree on whether it is possible for impeachment to advance in the Senate once the president is no longer in power.

Section 4 of article 2 of the Constitution establishes something in this regard. «The Constitution gives Congress the authority to impeach and remove from power the President, Vice President, and all civil positions of the United States federal government for treason, bribery, or other high crimes and offenses».

So there is simply nothing explicit about deadlines for impeachment. Due to this, each one chooses to interpret the constitutional articles in one sense or another.

In this regard, the BBC quotes Greg Woods, professor of Judicial Studies at San José State University (California). “As the incumbent president has been voted out of office through a legal election (…) the political condemnation of impeachment is irrelevant. It is no longer necessary».

«Rather than impeachment, we are more likely to see some form of censorship by the legislature or possible criminal charges brought by the Justice Department or in one or more states», adds Woods.

Meanwhile, other experts believe that if the House of Representatives approved initiating an impeachment while Trump was in power, the Senate can judge him, even if he no longer holds the position.

Therefore, in the face of this legal vacuum, there is a high probability that the definitive answer will be obtained when this situation arises. Worse still, the matter can be decided in court, perhaps in the Supreme Court.

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