Politics: So its not about Trump impeachment - its about disqualification from future office.

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‘Honor, Trust or Profit’​

If the House impeaches President Trump this week, it will still have almost no effect on how long he remains in office. His term expires nine days from now, and even the most rapid conceivable Senate trial would cover much of that time.​

But the impeachment debate is still highly consequential. The Senate has the power both to remove Trump from office and to prevent him from holding office in the future. That second power will not expire when his term ends, many constitutional scholars say. A Senate trial can happen after Jan. 20.​

And disqualifying Trump from holding office again could alter the future of American politics.​

It’s worth pausing for a moment to reflect on how radical a figure Trump is. He rejects basic foundations of American government that other presidents, from both parties, have accepted for decades.​

He has tried to reverse an election result and remain in power by persuading local officials to commit fraud. He incited a mob that attacked the Capitol — and killed a police officer — while Congress was meeting to certify the result. Afterward, Trump praised the rioters.​

This behavior was consistent with Trump’s entire presidency. He has previously rejected the legitimacy of election results and encouraged his supporters to commit violence. He has tried to undermine Americans’ confidence in the F.B.I., the C.I.A., the military, Justice Department prosecutors, federal judges, the Congressional Budget Office, government scientists, government health officials and more. He has openly used the presidency to enrich his family.​

In the simplest terms, Trump seems to believe a president should be able to do whatever he wants. He does not appear to believe in the system of the government that the Constitution prescribes — a democratic republic.​

Yet there is a significant chance he could win the presidency again, in 2024. He remains popular with many Republican voters, and the Electoral College currently gives a big advantage to Republicans. If he is not disqualified from future office, Trump could dominate the Republican Party and shape American politics for the next four years.​

If he is disqualified, it’s impossible to know what would happen, but this much is clear: A singularly popular figure who rejects the basic tenets of American democracy would no longer be eligible to lead it.​

Members of the National Guard outside the Capitol yesterday.Anna Moneymaker for The New York Times​

What are the basics of disqualification?​

Article I, Section 3 of the Constitution says: “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.” The Constitution does not specify whether disqualification requires a two-thirds Senate vote, as conviction in an impeachment trial does, or only a majority vote. The Senate has previously used a majority vote. The Senate has barred three people, all federal judges, from holding future office: West Humphreys (in 1862, for waging war against the U.S.), Robert Archbald (in 1913, for corruption) and Thomas Porteous (in 2010, for bribery and perjury). The Senate has tried a former War Department secretary — William Belknap, in 1876 — after he resigned. Both the House and the Senate decided that Belknap could be tried after he had left office. Disqualifying a president from future office, because of the stakes and lack of precedent, would probably come before the Supreme Court. History suggests that the court would be more likely to uphold a bipartisan congressional vote than a largely partisan one. For more: “If an impeachment begins when an individual is in office, the process may surely continue after they resign or otherwise depart,” Michael Gerhardt of the University of North Carolina School of Law writes in the online publication Just Security.

 

[playahaitian]

‘Honor, Trust or Profit’

If the House impeaches President Trump this week, it will still have almost no effect on how long he remains in office. His term expires nine days from now, and even the most rapid conceivable Senate trial would cover much of that time.

But the impeachment debate is still highly consequential. The Senate has the power both to remove Trump from office and to prevent him from holding office in the future. That second power will not expire when his term ends, many constitutional scholars say. A Senate trial can happen after Jan. 20.

And disqualifying Trump from holding office again could alter the future of American politics.

It’s worth pausing for a moment to reflect on how radical a figure Trump is. He rejects basic foundations of American government that other presidents, from both parties, have accepted for decades.

He has tried to reverse an election result and remain in power by persuading local officials to commit fraud. He incited a mob that attacked the Capitol — and killed a police officer — while Congress was meeting to certify the result. Afterward, Trump praised the rioters.

This behavior was consistent with Trump’s entire presidency. He has previously rejected the legitimacy of election results and encouraged his supporters to commit violence. He has tried to undermine Americans’ confidence in the F.B.I., the C.I.A., the military, Justice Department prosecutors, federal judges, the Congressional Budget Office, government scientists, government health officials and more. He has openly used the presidency to enrich his family.

In the simplest terms, Trump seems to believe a president should be able to do whatever he wants. He does not appear to believe in the system of the government that the Constitution prescribes — a democratic republic.

Yet there is a significant chance he could win the presidency again, in 2024. He remains popular with many Republican voters, and the Electoral College currently gives a big advantage to Republicans. If he is not disqualified from future office, Trump could dominate the Republican Party and shape American politics for the next four years.

If he is disqualified, it’s impossible to know what would happen, but this much is clear: A singularly popular figure who rejects the basic tenets of American democracy would no longer be eligible to lead it.


Members of the National Guard outside the Capitol yesterday.Anna Moneymaker for The New York Times

What are the basics of disqualification?

Article I, Section 3 of the Constitution says: “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
The Constitution does not specify whether disqualification requires a two-thirds Senate vote, as conviction in an impeachment trial does, or only a majority vote. The Senate has previously used a majority vote.

The Senate has barred three people, all federal judges, from holding future office: West Humphreys (in 1862, for waging war against the U.S.), Robert Archbald (in 1913, for corruption) and Thomas Porteous (in 2010, for bribery and perjury).
The Senate has tried a former War Department secretary — William Belknap, in 1876 — after he resigned. Both the House and the Senate decided that Belknap could be tried after he had left office.

Disqualifying a president from future office, because of the stakes and lack of precedent, would probably come before the Supreme Court. History suggests that the court would be more likely to uphold a bipartisan congressional vote than a largely partisan one.

For more: “If an impeachment begins when an individual is in office, the process may surely continue after they resign or otherwise depart,” Michael Gerhardt of the University of North Carolina School of Law writes in the online publication Just Security.​

 

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Why We Are Introducing an Article of Impeachment
One of the authors of the impeachment article against President Trump makes his case.
By David N. Cicilline
Mr. Cicilline is a U.S. representative and a member of the House Judiciary Committee.

• Jan. 11, 2021, 5:00 a.m. ET

• 
  
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• 1638

Credit...Pete Marovich for The New York Times
Since his resounding defeat in the presidential election in November, Donald Trump has done everything but concede to the democratic will of the American people. He unleashed an avalanche of lies and baseless claims of fraud — conspiracy theories that filled his supporters with a delusional belief that the election had been stolen from him. He filed a bevy of absurd lawsuits. He attempted to cajole and intimidate officials at all levels of government into subverting the election and keeping him in office. And then, running out of recourse, legitimate and illegitimate, he incited an insurrection against the government and the Constitution that he swore to uphold.
The attempted coup at the United States Capitol last Wednesday, which took place as lawmakers inside counted the electoral votes that would formalize Joe Biden’s overwhelming election by the American people, marks one of the lowest points in our country’s 245-year experiment in democracy.
From Andrew Jackson to Richard Nixon, we have seen presidents abuse their power, but we had never witnessed an American president incite a violent mob on the citadel of our democracy in a desperate attempt to cling to power.
We cannot let this go unanswered. With each day, Mr. Trump grows more and more desperate. We should not allow him to menace the security of our country for a second longer.
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Once the House opens for legislative business, my co-authors — Representatives Ted Lieu and Jamie Raskin — and I will introduce an article of impeachment to remove Mr. Trump from office for incitement of insurrection.

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As lawmakers who have impeached this president once before, we do not take this responsibility lightly. In fact, it was not our first choice of action. In the midst of last Wednesday’s siege, we were among those that asked Vice President Mike Pence to convene the Cabinet to invoke the 25th Amendment to quickly remove Mr. Trump from office. We have called on the president to resign.

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Days have passed, and it is clear that neither of those possibilities will be realized. So it is Congress’s responsibility to act.
The American people witnessed Mr. Trump’s actions for themselves. We all saw his speech on Jan. 6. We watched his fanatics storm the Capitol at his request. Five people died, including a U.S. Capitol Police officer and four of the president’s supporters. We fear what Mr. Trump may do with his remaining time in office.
That is why we believe the article of impeachment should be voted on as soon as possible. It is true that even after we act, Senator Mitch McConnell may, as he did one year ago, try to prevent a conviction in the U.S. Senate. It is also true that a trial might extend into the first days of the Biden administration.
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Neither of those possibilities should deter us in our work. Some argue that another impeachment trial would further divide our country and further inflame Trump supporters. But the truth is that we do not have a choice. This impeachment charge is meant to defend the integrity of the republic. Both Democratic and Republican members of Congress must attend to the duties of their oath. Failing to act would set an irresponsibly dangerous precedent for future presidents who are about to leave office.
Further, there can be no healing of the divisions in our country without justice for the man most responsible for this horrific insurrection. The president must be held accountable. That can happen only by impeaching him for a second time and convicting him in the Senate. A conviction that would allow Congress to prohibit him from ever serving in federal office again.
What happened last Wednesday was an abomination. There is no question about that. There is also no question that Mr. Trump becomes more of a threat to public safety by the moment.
The only question now is what Congress will do about it.
David N. Cicilline (@davidcicilline) is a member of the Democratic Party and House Judiciary Committee who has represented Rhode Island’s First Congressional District since 2011.

 

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US Senate acquits former president Trump over his role in the US Capitol riots

The US Senate voted 57-43 to acquit former president Donald Trump on Saturday, after he was charged with inciting the January 6 attack on the US Capitol building.

Trump released a statement welcoming the decision, saying his movement "has only just begun."

What you need to know

- The 57-43 vote was short of the two-thirds necessary for conviction -

Seven Republican senators joined Democrats in voting the former president as guilty

- Senators settled on admitting a witness statement from GOP Rep. Herrera Beutler into Trump's trial record instead of calling witnesses

- Beutler, who voted to impeach, detailed a phone call between former president Trump and House GOP leader Kevin McCarthy on January 6

 

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This All I Give a Shit About.....SDNY Will Handle the Rest