The US House of Representatives on Monday (11) launched the second impeachment process for Donald Trump, president with only nine more days in power.
Democrats have tabled a resolution calling for the president’s sacking for inciting insurgency and violence, after encouraging a mob to sabotage one of the processes set out in the constitution – congressional certification of the election results presidential.
“He deliberately made statements that encouraged illegal actions. Incited by the president, a mob illegally invaded the Capitol, attacked security teams, threatened members of Congress and the MP (…) and walked away. engaged in violent and murderous acts, destructive and seditious, ”says the petition.
The demand cites Trump lines, such as “if you don’t really fight, you won’t have a country left,” and mentions his efforts to subvert the election he lost, such as the phone call to the secretary Georgian State, to whom he asked that “find votes” to change the result.
Instead, Democrats tabled a resolution asking Congressman Mike Pence to invoke the 25th Amendment, a constitutional provision under which Trump could be removed on grounds of disability. However, the proposal was blocked by the Republicans and will therefore have to be voted on in plenary on Tuesday (12).
On Monday, Pence and Trump met for the first time since the Capitol invasion. According to government heard anonymously responsible CNN US, the two men met in the Oval Office and had what was described as a good conversation during which they discussed the events of the week while “reflecting the four last years of work and achievements of the government. “
The impeachment process is unlikely to be able to remove Trump from office before his term ends on January 20. The goal, however, is another: to prevent him from running for president again. In the United States, the impeachment process provides for two penalties: loss of mandate and prohibition on the defendant from returning to federal office, the latter depending on a simple majority vote after conviction.
Trump could also miss the benefits granted to former presidents, such as retirement, health insurance and private security. The process can continue even after the Republican leaves the White House, as the country’s Constitution does not set a deadline for removal.
“This omission [de prazo] it is logical, because the chairs can commit crimes at any time of their mandate, even in the last days, “analyzes Michael Gerhardt, a law professor at the University of North Carolina, in an article.
“Members of Congress may lose interest to try a former president, but it is a political choice, not a constitutional guideline,” said the academic, author of a book on impeachment.
There is a precedent: in 1876, the Senate held a former secretary of war after his departure. However, no US president has been tried after serving his sentence.
Gerhardt also cites that the main argument for presidents not to be prosecuted after leaving the White House is that US law states that citizens without public office cannot be impeached, although that does not mean that elders officials are exempt answer for crimes committed on duty. Thus, there is a risk that the case will end up in the Supreme Court.
The impeachment process must go through certain House committees and be approved in plenary by a simple majority of 218 of the 435 deputies. Since the Democrats have a majority in the House, with 222 seats, there is a good chance of approval. On Sunday (10), at least 210 Democrats had publicly expressed their support for the impeachment request.
According to a parliamentary adviser heard by the Political site, Monday, there are already 218 supporters of the process.
If there is consensus, the impeachment steps in House committees can be completed quickly. “We hope to have this [a votação] in plenary Wednesday . And I hope it will pass, “said Jim McGovern, head of the House Rules Committee, to American CNN.
This Monday (11), Nancy Pelosi, mayor, has returned to press Pence on using the 25th Amendment, and has promised to move quickly with the impeachment vote. “The threat to the president for America is urgent, as our action,” he promised.
Also on Monday, President-elect Joe Biden said Trump “should not be in office. Period.”
Once approved, the process goes to the Senate. And then there is the possibility of another political trick: Pelosi could wait a few weeks to send the case, allowing time for two new senators elected in Georgia taking office.
When they arrive, there will be 50 senators who will vote with the Democrats and 50 Republicans. The deciding vote, however, will go to Vice President-elect Democrat Kamala Harris.
The removal of a president by impeachment requires a two-thirds majority (67 senators out of 100). Then there is another vote to judge the loss of political rights, which can be withdrawn by simple majority approval (51 senators).
Some Republican senators have criticized Trump in recent days, due to the invasion of Congress, and could possibly vote against him. Sending impeachment in the Senate may also be delayed in order not to harm the beginning of the government Biden. Democratic representative James Clyburn defended himself on Sunday (10) to continue the process only after the first 100 days of the new administration.
Trump has already been the target of an impeachment process, passed in the House but rejected by the Senate in February 2020. If the new action is triggered, he could become the first president in US history to be impeached. twice by the House of representatives. Representatives.