Why Is The Chance Of His Conviction Very High
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Among my friends, colleagues, and relatives, the topics of discussions of the week is, of course, about last Wednesday’s insurrection and this week’s impeachment. One question was repeatedly brought up: With just under two weeks time before Joe Biden’s inauguration as the forty-sixth president of the United States, will there be enough time for the Congress to fully consider impeaching Trump for his misdeeds, inclusive of his urging Georgia officials to commit voter fraud and inciting his supporters to storm the Capitol building at DC. Unquestionably, these are impeachable offenses. No other President of the United States has ever attacked the legitimacy of the democratic institutions of America and incited his followers to charge into Congress with guns and searching for enemies who would not overturn the election results. The question remains: can a president be impeached by the House or tried and convicted by the Senate after he has left his office?
The 2 paragraphs below, in italics, is a partial summary from an article, The Constitution’s Option for Impeachment After a President Leaves Office from justsecurity.org .
Presidents who commit misconduct late in their terms, or not discovered until late in their terms or until after leaving office, cannot be immune from the one process the Constitution allows for barring them from serving in any other federal office or from receiving any federal pensions. Being a President of the United States is not a safe harbor from political and legal accountability. That is why the 6th President of the United States, John Quincy Adams, proclaimed on the floor of the House, “I hold myself, so long as I have the breath of life in my body amenable to impeachment by this House for every thing I did during the time I held any public office.” (Michael J. Gerhardt, The Federal Impeachment Process: A Constitutional dn Historical Analyses 80 (2nd edition 2000)(citation omitted). In Adams’s words: any impeachable official remained subject to that process well after they left office, not just presidents but those who abused power while in office.
The core principle of the United Stated Constitution is that no one, not even the president, is above the law. Abuse of power, by definition, is a violation of the United States Constitution. If an impeachment begins when an individual is in office, the process will surely continue even after the individual resigns or depart.
14th Amendment, Section 3, in italics, excerpt from wikipedia, below:
Fourteenth Amendment
-
Section 3
No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
- Amdt14.S3.1 Disqualification from Holding Office
- Amdt14.S3.1.1 Disqualification Clause
- Amdt14.S3.1 Disqualification from Holding Office
Article 2, Section 4 of the United States Constitution, in italics, excerpt from wikipedia, below:
Section 4: Impeachment
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
The Constitution also allows for involuntary removal from office of the president, vice president, Cabinet secretaries, and other executive officers, as well as judges, who may be impeached by the House of Representatives and tried in the Senate.
Any official convicted by the Senate is immediately removed from office, and the Senate may also order, by a simple majority, that the removed official be forever disqualified from holding any federal office.[57][58][59]
While no other punishments may be inflicted pursuant to the impeachment proceeding, the convicted party remains liable to trial and punishment in the courts for civil and criminal charges.[60]
So, if there will be majority vote from The House and two-thirds of support from the Senate to convict Trump of “incitement of insurrection“, Trump will be removed from office immediately. And the Senate may also order, by a simple majority, that Trump be forever disqualified from holding any federal office in the future.
It is also important to note: All business sectors are cutting ties with Donald Trump. It is safe to say that politicians who will not support Trump’s conviction will most likely not receive support from the business sectors in the future.
It does seem to make sense that one who tried to overthrow the U.S. government (insurrection) should not be entitled to receive a pension from the U.S. government. A conviction based on 14th Amendment, Section 3 would also prevent such a person from receiving this pension.
Impeachment of any of the previous presidents of the United States was not clear or simple. But in this case, the impeachment of Donald Trump is very clear and simple: incitement of insurrection or rebellion. It is clear cut, with supporting video footages showing Trump’s speech inciting mobs to charge onto the Capitol Hill and the resulting storming of the Capitol building at DC, leading to 5 deaths and hundreds of arrests. There are thousands of witnesses at the Capitol Hill who can attest to this “incitement for insurrection”. Any Republican Senator(s) who will not support to convict Trump of “incitement to insurrection” will most likely to forever lose his/her support from any business or American patriotic voters.
You many be interested in this: Proceedings Of the United States Senate in the Impeachment Trial of President Donald John Trump Part III
You may also be interested in these articles below:
- Donald Trump, First POTUS Impeached Twice & Might Be The First To Be Convicted
- Support For Impeachment Is Gaining Momentum. Impeachment Will Begin Wednesday, 1/13/2021
- The Constitution’s Option For Impeachment After a President Leaves Office
- FBI’s Briefing & Warning Post January 6 Attack On Capitol Building In DC. Stay Away From State & Federal Capitol Buildings Next 2 Weeks
- Why It Is An Impeachable Offense. It Was Absolutely A Coup!
- Mounting Calls For Expulsion of Josh Hawley & Ted Cruz From The Senate
- Effective Response From Business Sector To Block Insurgence
- America Will Heal & Rise Again
- Why Was Protection Withheld From U.S. Capitol For 90 Minutes?
- What To Do When The President Is Deranged?
- Florida Gov. DeSantis Doubles Down On SB 484 By Increasing Penalties During Riots
- Why The House Democrats Want To Impeach Trump On Monday
- They Are Discussing The 25th Amendment To Remove Trump From Office
- Congress Reconvenes To Count Electoral Votes After Pro-Trump Mob Breached U.S. Capitol. Congress Certify Biden’s Electoral College Victory. Calls For 25th Amendment of the United States.
- Trump Supporters Occupy The Capitol Building At DC
Gathered, written, and posted by Windermere Sun-Susan Sun Nunamaker More about the community at www.WindermereSun.com
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