"HABEMUS JUDICIUM"
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The second impeachment trial against Donald Trump begins. This historical event could generate the political disqualification of the former president.
All eyes are on the United States Congress. This week began the second impeachment trial against Donald Trump, which promises to be the focus of national attention until the Senate decision is released. In this article I wanted to summarize how this process is generated and what are the most important antecedents in the matter.
First, it must be clarified that an "impeachment" or impeachment is a measure that is exercised against the president of the United States. This term means dismissal 'or' challenge. According to the Constitution, the president must be removed from office if convicted.
In history only three presidents have faced this measure. It is about Andrew Johnson, Bill Clinton and Donald Trump himself, in 2020. All were acquitted. Richard Nixon was also charged, but resigned before the impeachment trial against him in the Watergate case.
What is the big difference in this opportunity?
That Donald Trump IS NO LONGER PRESIDENT IN EXERCISE. Given this reality, why the impeachment at this time? What would be the objective? We well know that one cannot speak of "impeachment", given that Trump is no longer in the White House. So what is the Democratic caucus looking for with this process?
Before analyzing this point, I would like to clarify what the steps of this impeachment are:
1.- On January 13, the request for trial was approved by the House of Representatives. The request of the Speaker of the House, Democrat Nancy Pelosi, had 232 votes in favor (including 10 Republicans) and 197 against. At the time Donald Trump was still president.
2.- The process against him is related to his action on January 6, when Trump asked his followers to make their voices heard "peacefully and patriotically", when Parliament was preparing to certify the votes of the electoral colleges that gave the victory to Joe Biden. Trump also told his supporters "that they had to fight with all their might." After the rally, chaos broke out at the Congress headquarters, in which four protesters and a police officer lost their lives.
The indictment approved by the House of Representatives argues that the ex-president repeated ad nauseam that the results of the presidential elections were a fraud.
3.- Once the accusation is approved, Congress becomes the stage for the trial. The prosecutors are the representatives of the House and the jury is the Senate. Once the impeachment has started, the sessions must be held daily except on Sundays. Experts say it can take up to three weeks. The process is supervised by the Chief Justice of the United States .
4.- Once the trial is over, the vote is taken. The jury decides (the senators). Two-thirds (67%) of the votes are needed for the conviction. This means that if all Democrats vote in favor, at least 17 Republicans would have to decide.
Now, going back to the question of what would be the objective?, Given that Trump is no longer president. Chuck Schumer, leader of the Democratic majority in the Senate pointed out that they would vote not only to condemn Trump for "incitement to insurrection", but also that the measure could mean his disqualification in the political arena. There seems to be the key.
However, this is an issue that has opened a number of opinions because many consider the trial unconstitutional, given that the impeachment rule is against an incumbent president. Others believe that as it passed, with Trump in office, the process must continue. Furthermore, it should be noted that federal courts have recognized the power of Congress to set its own rules.
There are many doubts about it, in fact, it has also been mentioned, that this can open a way for Congress to become the executor of old grudges of US politics, downplaying the transparency and majesty of US institutions.
Clearly the ball is in the Republican group's court. The final decision is up to 17 senators. There are many skeptics about Trump's conviction, although to be honest, everything to do with this process is historic, given that a president would never have been subjected to two political trials against him. If the Democrats' motion passes, Trump would lose all the benefits of being a former president and could be barred from returning to the political arena in elected office. I think there is still a long way to go in this matter, but what if it seems to be clear is that there will be a before and after this trial. We hope that the most precious asset of American democracy, the separation of powers and compliance with the norm, is not affected.