60 votes

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

High crimes and misdemeanors is interpreted by Congress While the concept is an import from English law as grounds for removing an officeholder from office, the conduct referred to is better thought ...
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  • 158k
46 votes

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

Impeachment of a president does not on conviction automatically disqualify the convicted party from becoming president again. However, after conviction, the Senate can vote to add to the punishment ...
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  • 25.3k
35 votes

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

Reading the wikipedia entry on High Crimes and Misdemeanors probably suffices to answer the question. Ultimately this phrase doesn't mean what you think it means. Your modern notion of "crimes" and "...
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34 votes
Accepted

Can a former United States president be criminally prosecuted for acts committed when he was president?

Yes The rule against prosecuting a sitting President is not a law, it is a Justice Department opinion and policy. The justification for it is that dealing with a criminal case would be severely ...
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  • 98.1k
28 votes

Is an abuse of power necessarily a criminal offence?

No, abuse of power is not necessarily criminal Imagine a judge that is “heightist” - they always rule in favor of defendants who are taller than 175cm and always rule against those who are shorter ...
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  • 158k
27 votes

Senate Impeachment rule change?

Yes the Senate could adopt a secret ballot rule, but other constitutional provisions combined with high partisanship make it practically impossible that the final results will be done through secret ...
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  • 3,278
25 votes

Impeachment jury tampering

No. Several elements of the crimes defined at 18 USC 1503 and 1504 would be absent, not least of which is that the Senate isn't actually a jury but a legislative body that is only partly analogous to ...
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  • 25.3k
23 votes
Accepted

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

In the cases where a federal official has been impeached in the US, the reasons have been: Drunkenness and unlawful rulings Political bias and arbitrary rulings, promoting a partisan political agenda ...
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  • 165k
19 votes

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

Article I, Section 3, Clause 6 says The Senate shall have the sole Power to try all Impeachments. When the President of the United States is tried, the Chief Justice shall preside: And no ...
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  • 165k
19 votes

Is an abuse of power necessarily a criminal offence?

The point is that an act need not be a crime for which the actor could be convicted in criminal court for it to qualify as an impeachable "high crime or misdemeanor." So, abuse of power isn't ...
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  • 25.3k
16 votes
Accepted

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

Double jeopardy in its usual sense wouldn't attach because impeachment is not a criminal proceeding, which is the only thing double jeopardy applies to (esoteric estoppel matters not withstanding). ...
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14 votes

Is an abuse of power necessarily a criminal offence?

No, abuse of power is not necessarily criminal because abuse of power is a moral construct and something being criminal is a legalistic one. And that the law and morals are only loosely related to ...
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  • 315
13 votes

Are US Senate impeachment convictions reviewable by the Supreme Court

The only relevant case heard by SCOTUS is Nixon v. US, 506 U.S. 224, where a federal judge was tried and convicted for actual crimes, but would not resign his position so continued to draw his salary. ...
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  • 165k
11 votes
Accepted

Could a US president be advance pardoned from the result of a senate trial following impeachment?

No Section 2, Clause 1 says: ... and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. Impeachment is explicitly carved out ...
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  • 158k
11 votes

If Trump can be impeached after leaving office, why couldn't Nixon?

First of all, there is a distinction between being impeached and being convicted. Trump was impeached when the House voted to adopt an Article of Impeachment. That happened while he was still in ...
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  • 98.1k
10 votes

Does the U.S. Supreme Court have jurisdiction over the constitutionality of an impeachment?

Part of the problem you'll find is that there are so few impeachments in U.S. History (Only 21 articles of Impeachment have ever been drafted, of which only 8 resulted in convictions) and SCOTUS is so ...
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  • 17.1k
9 votes
Accepted

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

Actually this is the only SCOTUS ruling on Impeachment because of what it legally means with respect to SCOTUS and impeachment. Namely, Impeachment is a congressional power and not a judicial one ...
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  • 17.1k
9 votes
Accepted

Can a sitting U.S. president be imprisoned without impeachment?

Yes. In 1872 President Grant was stopped for speeding (on horseback, mind you). The officer, observing that he had stopped the President of the United States, initially let him go with nothing but a ...
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  • 1,534
8 votes

Can someone plead the fifth regarding impeachment?

Yes Impeachment proceedings (as are all activities of Congress) are legal proceedings in that they are enabled by the Constitution. While it is true that they are not judicial proceedings, the ...
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  • 158k
7 votes
Accepted

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

Proof is for a courtroom Or in this case, the Senate. Proof is what you get when the trial is complete, the evidence has been considered and the verdict is in. Is there evidence? The Federal crime ...
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  • 158k
7 votes

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

He will be thrown out of office (the "except in case of impeachment" clause means the president cannot immunize a person against impeachment); because he was pardoned by POTUS, he will not be charged ...
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  • 165k
6 votes

Does the U.S. Supreme Court have jurisdiction over the constitutionality of an impeachment?

The answer by @hszmv is correct and I fully agree with it. I would add a few additional points: Not All People Impeached Are Removed From Office A ban on holding future public office is imposed in ...
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  • 140k
5 votes
Accepted

Impeachment jury tampering

Additionally, The senate is the only "Court" that can hear impeachment trials, so there is no appeals system to overturn the decision in such a matter (The Supreme court effectively washed their hands ...
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  • 17.1k
5 votes

Is an abuse of power necessarily a criminal offence?

High Crimes and Misdemeanors (the bigger category from which Abuse of Power was derived) was historically meant as a catch-all for any actions that could cause a peasant to believe that the monarchy ...
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  • 430
5 votes

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

He's not a judge in a courtroom with all the power of a federal judge. He's temporary presiding officer of the Senate, in charge of enforcing Senate rules. The Senate calendar is under control of the ...
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  • 801
5 votes
Accepted

Legal or Political nature of Impeachment of a US President

While I am not a lawyer, this is fairly well settled in US constitutional theory. The framers thought of impeachment is something very much like a legal process, which is shown, among other things by ...
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  • 98.1k
4 votes

Can articles of impeachment be repealed?

It's never happened so there is really no definitive answer. There are plausible arguments both ways. Many impeachment cases have been dismissed in the Senate before a trial is complete, or before a ...
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  • 140k
4 votes
Accepted

Does impeachment conviction necessarily imply removal from office?

Article II, Section 4 of The Constitution says The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction ...
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  • 165k
4 votes

What is the US constitutional basis for impeaching, trying and barring from future presidency a former US president?

I would argue the Constitutional basis of these actions would be the Constitution itself, namely Article II, Section 4: The President, Vice President and all civil Officers of the United States, ...
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3 votes
Accepted

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

Impeachment is unique in that it is a question of politics, not a question of law, that is being discussed at trial. The other exception is that the Senate, not the Supreme Court, is the High Court ...
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