Days before the handover of power. constitutional and political obstacles prevent Trump's removal

Days before the handover of power ... constitutional and political obstacles prevent Trump's removal

The constitution allows Congress to dismiss presidents or other executive branch officials before their term ends if lawmakers believe they have committed "treason, bribery, or other major crimes and misdemeanors."

 Dubai - Arabia.net

 Posted on: January 10, 2021 11:22 AM GST

 Last update: January 10, 2021 1:50 PM GST

 After less than two weeks, Donald Trump leaves his post as President of the United States, and despite this, the Democrats who control the House of Representatives announced that they will submit, on Monday, a bill to remove him, but the issue of impeachment may face constitutional obstacles.

 An exceptional circumstance that raises political, constitutional, and logistical questions that are rarely contemplated in American history. No president has ever been tried twice or in his last days in office, and no president has ever been convicted.

Given the short time remaining for him in the White House and the seriousness of his behavior, lawmakers are also looking into an impeachment clause in the constitution that could allow them to prevent Trump from holding a federal position again, according to what was reported by "The New York Times".

 Senate

 Asharq Al-Awsat newspaper wrote that the chances of passing the bill in the Senate, which is still under Republican control, until the 19th of this month, that is, one day before the inauguration of President-elect Joe Biden, is very slim.

 The addition of a number of Republican senators to the list of those calling for Trump's resignation or removal did not constitute a balanced addition to these efforts, especially since legal and formal obstacles impede the implementation of this process quickly enough, not to mention the political repercussions that the Republican Party leaders warned against on the unity efforts he called for.  Biden.

The constitution permits Congress to dismiss presidents or other executive branch officials before their term ends if lawmakers believe they have committed "treason, bribery, or other major crimes and misdemeanors."

 Trial procedures

 And the leader of the outgoing Republican majority in the Senate, Senator Mitch McConnell, has circulated a memorandum outlining the procedures for trying the president if the House of Representatives impeaches him for the second time in a little over a year.  The memo sets out how the Senate will act if the House of Representatives approves the impeachment articles and transfers them to it before or by January 19, when senators resume their duties after the recess.

McConnell says that the most likely scenario if the House of Representatives dismisses Trump in the last 10 days left in office, is for the Senate to receive a letter from the House of Representatives notifying him of the measure on the 19th of this month, and this would give the Senate the option to accept the impeachment papers,  To start discussing it after one o'clock in the afternoon on January 20, that is, after Biden took the oath.

 Pelosi

 "Therefore, the Senate trial will begin after the end of President Trump's term, either one hour after his expiration date on January 20, or 25 hours later, on January 21," the memo published in US newspapers said.  The document indicates that the Senate "can receive a letter announcing that the House of Representatives has summoned the President" during the Senate recess, but the Secretary of the House will not inform the Chamber of the message until the next regular session, which is scheduled to take place on January 19.

With this memo, McConnell stresses that efforts to impeach Trump cannot be applied in the House, which is still controlled by Republicans now, unless a hundred senators agree to hold an extraordinary session before the regular session.  The memo added: "The approval of all 100 senators will be required to conduct any work of any kind during the formal sessions scheduled before January 19, and consequently the approval of all 100 senators to begin work on any impeachment articles during those sessions."

 He warned against getting into a precedent

 Faced with this legal and political reality that showed that Republicans, despite their anger and condemnation of President Trump's positions, are wary of entering into a precedent that the Senate has not seen in hundreds of years, this raises questions about the goals of the call to continue efforts to isolate Trump, at a time when approval is excluded  Trump government members activate Article 25 of the Constitution to remove him, and his deputy, Mike Pence, assumed power.

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 Although a Republican member of the Senate, Lisa Murkowski from Alaska, joined the calls to impeach Trump, and Senator Ben Sassi from Nebraska expressed his willingness to consider the impeachment provisions, it was considered a form of direct escalation of pressure on the outgoing president from his own party to prevent him.  Any move or decision that would increase political damage to the country, according to his critics.

 This was partially translated as federal courts suspended several of his executive orders that he recently issued in immigration cases, most recently last week.  This trend has been reinforced by Trump's re-use of defiant language;  On Friday, he was quoted as saying that he would remain an active force in American politics despite the abandonment of his aides and closest allies.  The "New York Times" quoted sources in the White House as saying that Trump would not resign, expressing his regret and remorse for posting a video clip on Thursday, in which he pledged a peaceful transfer of power and his condemnation of violence in the Capitol building.

While Democrats agreed that it was logistically possible to vote on impeachment articles as soon as next week, they were contemplating how to justify going beyond the usual months-long process of gathering documents, witnesses, and the president's defense.  On the other hand, others expressed concern that Trump's popular base would rally more powerfully around him if Democrats pushed him to impeach again, undermining their goal of turning him into "a bad memory in American history."

 Isolation and division of the country

 And the Republicans who had led the accusations to overturn Trump's electoral defeat just days ago announced that he is now indicted