Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

CaptainTruth

(6,576 posts)
11. I've read differing opinions, my conclusion, based on the language in the Constitution is...
Wed Jan 13, 2021, 05:50 PM
Jan 2021

...the impeachment process must be started while the person is in office. It has started (Trump was just impeached!), so that requirement is met. After that comes the Senate trial & 2 votes, the 1st to convict & remove from office (requires 2/3 of members present) & then the 2nd vote to bar from holding office in the future (requires a simple majority).

I don't believe there's any requirement that the person be a current office holder for the Senate trial & votes. In other words, the House could impeach while they're POTUS then they could leave office by resigning or their term expiring & the Senate trial & votes could still proceed. I'm no expert, & I may have missed something, but I don't believe the Constitution prohibits that.

I care most about the 2nd Senate vote, to bar from office, for obvious reasons. I've seen some legal folks argue that the Senate can't hold that vote if the person is no longer in office, but there's a major flaw in their argument:

Let's say the Senate votes to convict & remove the impeached president, & that vote is successful. It's my understanding, based on a consensus of legal folks I follow, that at the conclusion of that vote, the president is removed, gone, they no longer hold office. The Constitution is specific that the vote to bar from office comes AFTER the vote to convict & remove, so that means the Senate, by explicit instructions in the Constitution, is voting to bar someone WHO NO LONGER HOLDS OFFICE.

So, to argue that the Senate can't vote to bar someone who is no longer in office seems to be nonsense. (Yes I realize all of this might have to happen within the context of a Senate impeachment trial, but there is a degree of flexibility there for the Senate.)

Better this way calguy Jan 2021 #1
IMO Moscow Mitch could immediately get enough GOPer votes to convict if he was so inclined groundloop Jan 2021 #3
He's probably not excited about the optics of a GOP lead Senate conviction calguy Jan 2021 #8
The most useless morally bankrupt senate majority leader in history. CentralMass Jan 2021 #2
Oh, he's been plenty useful. JudyM Jan 2021 #9
Crap Native Jan 2021 #4
Mitch don't you get it? bucolic_frolic Jan 2021 #5
If he convened the senate would he not then be minority leader? pandr32 Jan 2021 #6
Not unless Georgia has officially certified the election and the two have been sworn in rpannier Jan 2021 #19
Thank you! pandr32 Jan 2021 #21
Since they are officially in recess it would take 100% of senators agreeing GulfCoast66 Jan 2021 #7
By running out the clock, Mitch sets up the option for Trump to appeal to the Supreme Court. Lonestarblue Jan 2021 #10
I've read differing opinions, my conclusion, based on the language in the Constitution is... CaptainTruth Jan 2021 #11
Worthless, malignant, scumbags... LudwigPastorius Jan 2021 #12
18 U.S. Code § 3 - Accessory after the fact ancianita Jan 2021 #13
Interesting! JudyM Jan 2021 #15
Welp, ancianita Jan 2021 #16
Your last point is exactly right. If their actions/votes are influenced by intimidation, they JudyM Jan 2021 #17
The VP is the tie-breaker Polybius Jan 2021 #18
Cowardly last act Mr. former Majority Leader. Spineless to the end, cept when it is hurting POC/poor Evolve Dammit Jan 2021 #14
Hide in your turtle shell until this is all over with... AntiFascist Jan 2021 #20
Latest Discussions»Latest Breaking News»U.S. Senate will not conv...»Reply #11