Trump impeachment - If you sat in one of the houses how would you vote?

[WWFS]

Don't Warnock and Osoff have to be sworn in first before Schumer takes over as majority Senate leader?? I believe latest that will be is 22 Jan but not 100 percent sure. Anyone know for sure??

the 22nd is the deadline for the GA Governor to certify the election results. The 2 new Senators need to be sworn in which will happen at some time after that. In addition, Senator Harris must resign her Senate seat before she is sworn in as VP. The CA Governor has named her replacement, but he too must be sworn in. At that point, the Dems will have a functional majority.

It is possible for McConnell to afford Schumer all of the privileges of Majority Leader before that date, should he choose.

[golfingoalie]

Not being able to proceed with this until after Jan 20 might (big might) prevent Trump from doing anything stupid between now and 20th, as if he does it will seal his fate in the impeachment trial.

[wlorcb]

I have heard that argued before, and the opposing view is that Section 3 of the 14th does not apply to a POTUS or VEEP.



The opposing argument is that if the 14th Amendment was intended to apply to the POTUS or VEEP, it would have been explicitly stated.

Don't forget that the POTUS and VEEP are not elected by the people. The Electoral College was a buffer that would filter out any that were not of sufficient character to hold either of those offices.

Depends on what the definition is of 'office' of the United States.

Remember this was passed to prevent those in the US govt who then served with the CSA from returning to their pre war offices as if nothing had happened. Note that they are allowed to if 2/3 of each House allows them to. It was a given that any CSA official had engaged in insurrection. So then it comes down to what sort of vote is needed to 'prove' that someone engaged in insurrection.

Without a conviction in the Senate Trial, any Republican controlled Congress could always reverse the 'insurrection' label with 2/3 and allow Drumpf to run again.

[WWFS]

Depends on what the definition is of 'office' of the United States.

Remember this was passed to prevent those in the US govt who then served with the CSA from returning to their pre war offices as if nothing had happened. Note that they are allowed to if 2/3 of each House allows them to. It was a given that any CSA official had engaged in insurrection. So then it comes down to what sort of vote is needed to 'prove' that someone engaged in insurrection.

Without a conviction in the Senate Trial, any Republican controlled Congress could always reverse the 'insurrection' label with 2/3 and allow Drumpf to run again.

It may be a valid argument. I just stated what the opposing argument was. If the Dems tried that approach, I'm sure that the SCOTUS would be asked to weigh in.

Given that the current SCOTUS is made up mostly of textualists, I know which way I'd wager on their decision.

[luv2kruz]

I have heard that argued before, and the opposing view is that Section 3 of the 14th does not apply to a POTUS or VEEP.



The opposing argument is that if the 14th Amendment was intended to apply to the POTUS or VEEP, it would have been explicitly stated.

Don't forget that the POTUS and VEEP are not elected by the people. The Electoral College was a buffer that would filter out any that were not of sufficient character to hold either of those offices.

But it also does not explicitely state that is doesnt either, so it will likely need to be decided by the courts. The point remains that there may be mutiple viable options to have Trump barred from holdong office again. Hopefully one of them is successful.

[luv2kruz]

Without a conviction in the Senate Trial, any Republican controlled Congress could always reverse the 'insurrection' label with 2/3 and allow Drumpf to run again.

Unlikely. When have either the Rep or Dem Congress been controlled by 2/3 of one party? Isnt going to happen in Trumps lifetime.

[Pingeye2_fan]

I read or heard there could have been more articles of impeachment they could have charged him with.

Do they feel this one has the best chance of sticking?

[wlorcb]

Unlikely. When have either the Rep or Dem Congress been controlled by 2/3 of one party? Isnt going to happen in Trumps lifetime.

Unlikely, yes, but have you seen the colour map of US districts. How much more gerrymandering would it take to flip a whole bunch of seats. Less likely in the Senate.

[luv2kruz]

Unlikely, yes, but have you seen the colour map of US districts. How much more gerrymandering would it take to flip a whole bunch of seats. Less likely in the Senate.

An infinite amount to give 2/3 control of both houses. Again, wont happen in Trumps lifetime, so a moot point.