Questions tagged [impeachment]

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3
votes
1answer
105 views

Does impeachment conviction necessarily imply removal from office?

The relevant bits of Article 1 Section 3 state that: Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of ...
2
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1answer
265 views

Does the House of Representatives need a full-House vote to authorize a subpoena during impeachment?

There is currently an argument being made that - approximately: "The House of Representatives did not vote formalize the procedures of the impeachment inquiry until October 31, therefore any ...
2
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1answer
107 views

Can’t Justice Roberts even veto unusual hours for impeachment trial?

Granted that the Senate sets all the important rules for the trial, John Roberts is still the presiding officer. I would have thought he has more authority than a court stenographer has. Since there’s ...
13
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5answers
6k views

Is an abuse of power necessarily a criminal offence?

Trying to make sense of the conflicting opinions regarding the 2020 impeachment proceedings in the USA. In particular, is the claim that an abuse of power does not necessarily has to be a criminal ...
9
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1answer
2k views

Can an impeachment charge be dismissed on the grounds of double jeopardy?

Two impeachment articles were drafted by the House and then sent to the Senate Abuse of Power Obstruction of Congress. Now say the senate looks at the original articles and underlying evidence and ...
4
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2answers
872 views

Are US Senate impeachment convictions reviewable by the Supreme Court

Alan Dershowwitz argues that a conviction of any President by the US Senate would be unconstitutional under certain circumstances. Please see his book and his television interviews for those certain ...
3
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1answer
101 views

Articles of Impeachment

Where is it written that the House must deliver the Articles of Impeachment to the Senate floor before a trial may start in the Senate?
1
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1answer
89 views

Why isn't stalling an impeachment considered an obstruction of justice?

First and foremost, is it correct to consider the process of impeachment and removal, in the US Constitution, a process of justice, but one administered in a political context? (That is, the opposite ...
2
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2answers
45 views

Legal consequences of complying with a house subpoena?

I keep seeing in the news that, at the president's order, people are ignoring subpoenas from the house of representatives, citing executive privilege. So what legal bite does the president have if ...
0
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1answer
52 views

Does the concept of fairness and due process apply only to the defendant or to the prosecution as well?

"Fairness" isn't mentioned in the constitution but due process is and I would think typically applies to a defendant - someone who has been accused of a crime. But is there a concept where the ...
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0answers
35 views

Speedy impeachment trial requirement

How soon must the house send the impeachment charges to the senate? Is there a time limit on how long they could be held in the house? Do they "go away" if not forwarded in a certain time frame?
6
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1answer
1k views

Can articles of impeachment be repealed?

Suppose the House of Representatives of the United States impeaches a federal officer such as the president or a federal judge, etc. Can they repeal that act before the Senate tries the case?
3
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1answer
117 views

Would there be any legal repercussions to the senate's actions during the impeachment trial?

In an interview with CNN at the Doha Forum in Qatar, Lindsay Graham said "I am trying to give a pretty clear signal I have made up my mind. I'm not trying to pretend to be a fair juror here". In an ...
20
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5answers
5k views

Senate Impeachment rule change?

Although a 2/3 majority is required for the Senate to convict an impeached US President, some of the rules governing the Senate trial can be amended by a simple majority of the Senators. Could a ...
1
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2answers
167 views

Is there any evidence of (attempted) bribery of Ukraine by Trump [closed]

I asked on out Politics site, Why is Trump not being impeached for bribery?, and one answer (with 5 upvotes currently) said The answer to this one is simple - the only logical reason to drop this ...
2
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2answers
669 views

Presidential pardon: What does “except in Cases of Impeachment” mean?

Article II, Section 2, of the United States Constitution establishes the presidential pardon power as follows. The President shall ... have Power to Grant Reprieves and Pardons for Offences against ...
24
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6answers
15k views

Is the worst version of the accusations against President Trump impeachable?

Suppose the president of the US demands foreign leader X have X's state conduct an investigation into corrupt dealings of a family member of a former member of the previous US administration (and a ...
3
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2answers
185 views

What does the US Constitution mean by “bribery”?

The US Constitution mentions several specific crimes as impeachable offences. Among these is "bribery". In the English language as it existed at the time of the framers, did this single term refer ...
3
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2answers
158 views

Elements of bribery: what is a “thing of value”?

There is lately some suggestion that a US president who withholds aid to a foreign country on the condition that the foreign country investigate a political opponent constitutes bribery. The ...
0
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0answers
32 views

Can impeachment proceed after a resignation? [duplicate]

Can a federal official be impeached and convicted after he has resigned or otherwise left office? (For example, could the impeachment of President Nixon have proceeded after his resignation? Or could ...
8
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4answers
5k views

Is a Senate trial required after the House impeaches a president?

If the House of Representatives impeaches a president, everything I read says that there is then a trial by the Senate regarding removal from office. If the House impeaches a president, is it legally ...
9
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3answers
6k views

Impeachment jury tampering

The process of impeaching and removing a United States president is often compared to a criminal trial, with the House of Representatives acting to indict a suspect, and the Senate acting as jurors in ...
5
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5answers
409 views

Can the US Senate disqualify a former President?

In summary, the answer to "Can a US President, after impeachment and removal, be re-elected or re-appointed?" was "Yes, unless the Senate votes by simple majority to add the penalty of ...
6
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1answer
525 views

What Supreme Court cases, other than Nixon v. United States, have directly applied or interpreted U.S. Const. Art. I, Section 3, Clause 6?

Background Impeachment in the United States is mostly handled by the legislative branch alone. Hence the Courts have not typically applied restrictions or said much about impeachment other than Nixon ...
30
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3answers
15k views

Can a US President, after impeachment and removal, be re-elected or re-appointed?

This answer in its present form states If Donald Trump were impeached and blocked from running again (which is one of the things that impeachment can do, disqualify from office)... Is that true? ...