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Can senators meet in secret to discuss impeaching the president or do all such discussions need to be done in public? I am wondering if meeting in secret to discuss impeaching the president can be considered treason. Is it the case or is the law much more flexible when it comes to what a senator or government official can do in private? Assume this is in the United States.

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    Even conspiring to assassinate the president is not, without other circumstances, treason.
    – phoog
    Commented Jul 21, 2021 at 0:33
  • By the way, the House impeaches and the Senate then tries the president. So more likely would be the House discussing it, which members certainly did before bringing most recent articles of impeachment.
    – Damila
    Commented Jul 21, 2021 at 1:20

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There are some places (CA) that have “sunshine” laws that limit non-public discussions of certain governmental bodies.That does not apply at a federal level. Senators are constantly talking with each other off of the Senate floor.

The constitution lays out some legal, peaceful and democratic ways to make changes in who governs us.

By the way, treason is hard to commit. It requires working with a country with which we have a war. There are other laws against trying to hurt the government, like sedition.

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  • For the record, this wouldn't be seditious conspiracy either, since it requires the conspirators to intent to overthrow the government by force. Legal means such as impeachment wouldn't count as "by force".
    – Michael Seifert
    Commented Jul 21, 2021 at 12:02
  • @MichaelSeifert - absolutely true
    – George White
    Commented Jul 21, 2021 at 15:36
  • @NateEldridge you are correct and answer edited
    – George White
    Commented Jul 21, 2021 at 17:39
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Anyone can meet with anyone to discuss impeaching POTUS – it happens all the time. Senators are not under any special First Amendment disability that prohibits them from talking on that topic. "Meeting to discuss" sometimes "convening a session to officially debate an action". The House impeaches, the Senate convicts, so Senators do not debate or "discuss" a motion to impeach. There are (were) private discussions regarding procedure, and it is reasonable to assume, regarding the substance of the charges. The Senate is allowed to set its own rules, so if the Senate wants to conduct an impeachment behind closed doors, it can.

Treason is if one,

owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason

What you describe is politics, which is legal.

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  • In California, a meeting, formal or not, of a majority of a governing body can't be held without a pre-published agenda and being open to the public. There are exceptions for executive sessions and informal conversations among members (as long as it not a majority). Brown Act and first amendment issues firstamendmentcoalition.org/facs-brown-act-primer
    – George White
    Commented Jul 21, 2021 at 2:04
  • That's a typical difference between legislatures and the US Congress.
    – user6726
    Commented Jul 21, 2021 at 4:47

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