Presidential Impeachment

[DISCLAIMER: I am not associated or affiliated with any political party (I am an American)]

Donald J. Trump will always be remembered as the first President to be impeached twice. Although his last impeachment was only a year ago, there still seems to be a lot of confusion about the process. While it is similar to the legal process of a court trial, it is not the same. To have been impeached means that you have been charged with a crime, but this does not necessarily mean that you have actually committed one. Under U.S. law, you are innocent until proven guilty, and the same holds true for impeachment. Unlike other trials, the U.S. Senate sits as the jury and hears the evidence (if any). In the case of impeaching a sitting President, the Chief Justice of the Supreme Court has the role of the judge in the process. It takes the votes of sixty-seven senators in order to convict someone and remove them from office.

This is spelled out in Article I. Section 3. of the Constitution:

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.

At the time of this writing, the Articles of Impeachment have been delivered to the Senate. However, unlike the last impeachment and trial, the Articles were passed while Trump was President, but they weren't delivered until after he had left office. Also, unlike the last impeachment trial, the Chief Justice has rightfully declined to sit as the judge since the accused is no longer the President, but a private citizen.

In 1776, British Parliament had the legal authority to try and convict private citizens. This was something that the Founders specifically wanted to prevent and so they limited the ability of Congress to only trying government employees. Private citizens, even former Presidents, are tried in the regular court system, not by Congress.

Article II. Section 4.:

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.

It's fascinating, at least to me, how we now find ourselves trying a private citizen in the Senate. If the Chief Justice has declined to rule, then it must be presumed that Trump is not being impeached as President. If he's not being tried as President, then he is being brought to trial by a Senate that has no authority to try him.

I understand that the political goal is to prevent Trump from ever being elected again. This is the so-called "Dracula Clause" which would prevent him from running for any public office. This would make sense if a sitting President was convicted by the Senate and removed from office, but once the impeached party has already been replaced by the will of the people, I don't see how the Constitution supports that process. Congress should focus on the problems of We the People and let the court systems take care of Trump.

The Senate has scheduled the impeachment trial for the week of February 8th, so we'll eventually see how it all plays out. Regardless of the outcome, this will almost certainly be followed by numerous court challenges which will drag out for months (although it should be noted that Impeachments are final and cannot be appealed). It's like peeling off a band-aid or picking at a scab. We should just rip it off and move on with our lives.

Meanwhile, pass me the popcorn. 😊