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IN TROUBLE: President Donald Trump is at risk of becoming the first president to be tried twice. Photo: Evan Vucci / AP
On January 20, Joe Biden will assume the presidency of the United States. Still, several Democrats are demanding the resignation of President Donald Trump. If not, it can go back to being supreme.
About a year ago, Donald Trump was tried. The process that ended with his acquittal lasted for several months.
On Sunday, it was only ten days before Joe Biden was installed as the new president. Still, several Democrats are demanding that Trump resign or they will try to prosecute him again.
They accuse Trump of inciting the assault on Congress on Wednesday, January 6.
A Supreme Court draft was signed by 210 Democrats in the House of Representatives at 11:15 p.m. Sunday night, according to Democrat Ted Lieu.
TRUMP TO BE REMOVED: Ted Lieu is one of those who drafted a Supreme Court indictment. Photo: Doug Mills / Pool The New York Times
House Leader Nancy Pelosi writes in a letter Sunday night that Majority Leader Steny Hoyer will request unanimous consent to take on Raskin’s resolution on Monday.
“This resolution asks the Vice President to convene the Government to activate Amendment 25 and declare the President incapable of fulfilling his duties, and that the Vice President will immediately become Interim President,” Pelosi wrote in the letter.
This is the 25th constitutional amendment:
Pelosi further writes that if this is not unanimous, they will put it to a vote on Tuesday. Democrats have given Vice President Mike Pence 24 hours to respond.
If Pence doesn’t want to use the 25th constitutional amendment, he writes that they will take the impeachment from the Supreme Court for a vote in the House of Representatives.
– To protect the constitution and democracy, we act fast, because this president represents an imminent threat to both the constitution and democracy. Every day that passes the horror of the attack on our democracy committed by the president intensifies, and therefore the need to act is the same.
On Sunday’s episode of “60 Minutes,” Pelosi says one of the motivations for a new Supreme Court case is that if this has no consequences for Trump, he can run again as a presidential candidate.
– I would prefer the 25th constitutional amendment, because then we will get rid of it. Then it’s outside the White House. But there is strong support in Congress to bring him to trial again, Pelosi said in the episode that aired Sunday night.
So what is really going on now and why will Trump be put on trial when he is replaced in ten days?
What happens in the House of Representatives next week?
Democrats will first try to pressure Vice President Mike Pence to use the 25th Amendment and remove Trump, while he himself will serve as interim president until January 20.
If Pence does not want to do this, or wins a majority in the government, the Democrats will advance their action before the Supreme Court.
Democrat Ted Lieu, one of those who has drafted a new Supreme Court indictment, has said it will be presented on Monday. The accusation in the draft is that Trump has deliberately encouraged violence against the US government, according to The New York Times.
It is also mentioned that Trump pressured election manager Brad Raffensperger in the state of Georgia in a phone conversation to find enough votes to reverse the election result.
For the case to reach the Supreme Court, the indictment must be voted on in the House of Representatives. Half the votes plus one are required. That’s 218 votes.
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A vote on the impeachment could take place in the middle of next week, Democrat Katherine Clark has declared.
The current Supreme Court case is taking place in the Senate. For a president to be convicted and therefore removed from office, two-thirds must vote in favor. The last time Trump was tried, he was rescued by his fellow party members in the Senate.
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Can there be a Supreme Court before Trump resigns?
In theory, a Supreme Court case can be completed in a very short time. This is what law professor Paul Campos tells the Reuters news agency. It explains that both the House of Representatives and the Senate can largely determine the rules of the process themselves. So it can go fast.
On the other hand, Republican Senate Leader Mitch McConnell has stated that a Supreme Court case cannot begin until the Senate recess ends on January 19, the day before Biden is installed as president.
Therefore, one may not have time to start the Supreme Court case or reach a verdict before Donald Trump has resigned.
Can Trump be convicted in the Supreme Court after he resigns?
This question is not so easy to answer. NBC News has spoken to various experts where some believe it is entirely possible, while others believe that the Supreme Court can only be implemented as long as you have the job.
A president has never been tried after his resignation, but NBC refers to a case from 1876 when a minister of war was tried after his resignation.
Why do Democrats want to impeach Trump now?
Democrat Lieu shows in his LA Times column Sunday that some argue that it is too late to put Trump on trial. False, think. He cites three reasons why he thinks it’s worth doing even if Biden takes office on January 20.
Lieu believes that taking Trump to trial can arrest and impeach a dangerous and misguided president. Additionally, he believes it is important for future generations to see that Congress responded to the storm on January 6.
Lieu also claims that the Supreme Court can prevent Trump from running again for office, and says his draft specifically requires that he can never be an elected official again.
According to law professor Campos, the last point is entirely possible to achieve, and it only takes more than half the votes in the Senate to reject someone running for re-election, he told Reuters.
