Wednesday, January 27, 2021

Can Donald Trump be impeached even though he is no longer president?

Can Donald Trump be impeached even though he is no longer president? 

Well, if the election was stolen, as Trump persuaded many millions of Americans and the mobs that invaded the Capitol to believe, then Joe Biden is a fake president and the invasion of the Capitol was justified and impeachment is improper.

Or, if as the head honchos in the Oregon Republican Party and other Trumpists claim, the insurrection at the Capitol was carried out by left-wing plants and was a false flag operation to discredit President Trump, then impeachment is improper.

Leaving Fantasia, this former practicing attorney looked up what the U.S. Constitution says about impeachment:

Article I, Section 2, Clause 5 of the United States Constitution provides:

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

Article I, Section 3, Clauses 6 and 7 provides:

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present. 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.

Article II, Section 2 provides:

[The President] ... shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Article II, Section 4 provides:

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.

If the Capitol insurrectionists were incited by President Trump falsely telling them ever since the election that the election was stolen, and by President Trump telling them on TV that they should march to the Capitol and take back their country, and he would go with them, then President Trump is as guilty as they are.

Surely the Framers of the Constitution meant for the impeachment process to enforce the penalty of disqualification to hold and enjoy any Office of Honor, Trust or Profit under the United States. Otherwise, any one-term president, at the end of the first term, can commit treason, bribery and other high crimes and misdemeanors, and avoid being impeached and be free to run for president again.

I do not think it is necessary to be a lawyer to come to those same conclusions. I think not coming to those same conclusions is collusion with Trump and his insurrectionists.

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