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Celerity

(43,244 posts)
15. It takes 3 votes to perma ban him, the middle one is never happening in this Senate
Thu Aug 19, 2021, 12:14 PM
Aug 2021

1. House impeaches. Simply Majority. All it takes is 3 defections atm, and even that fails.

2. Senate tries him again and has to have 2/3rds of the members present vote to convict. Not happening with this Congress.

3. IF and only IF he is somehow convicted by the Senate, then the 3rd and final vote is veld for disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.

The Constitution doesn’t prescribe a two-thirds majority vote for that, and in the past, the Senate has used a simple majority for disqualification. (The Senate has only ever disqualified three people from holding future office, and all three of them were federal judges.)

IF he was banned by a simple majority vote that did not reach the 2/3rds threshold, it would instantly be appealled to the SCOTUS. Coin toss time at that point as to what they would do. My personal guess is they would uphold the ban, due to precedent.

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