Trump Has Been Impeached For The Second Time As He Could Be Barred From Being President


        

Image Credit – Times Of India

 

According to some US lawmakers, President Donald Trump might get disqualified from holding any political office ever again after his impeachment on Wednesday as he incited a mob that stormed the Capitol. This has been said when lawmakers have been certifying the victory of Joe Biden who is the President’s elect.

The Senate is going to hold a trial as the house has impeached Trump and the trial will be held to remove him and is going to bar him possibly from any kind of future office.

According to experts, the disqualification can be accomplished through impeachment proceedings or the 14th Amendment of the constitution of the USA.

The disqualification effort can play out in the following ways.

One of the probabilities is that Trump can be disqualified through impeachment. According to the US constitution, two ways can be implemented to punish an official who is impeached. He can be removed and disqualified from office and will not be able to hold any office of profit, trust, or honor under the United States.

A single article of impeachment is approved by the House accusing Trump as he incited insurrection when an incendiary speech is delivered to supporters shortly before the mob that is pro-Trump that rampaged the Capitol.

The trial is likely to be argued by Trump and his remarks are free speech that is protected by the first amendment of the constitution as he told his supporters to fight but did not intend to call for literal violence.

A conviction is required to remove an official by a two-thirds majority in Senate under the Constitution. Only a simple majority is required under precedent. That kind of a vote only happens after a conviction, historically.

In US history, three Federal officials have been disqualified through the proceedings of impeachment.

In a most recent event in the year 2010, the Senate has disqualified and removed a Louisiana judge from future office who is engaged in corruption.

There has been a very long debate regarding the scope of the disqualification clause and whether it can be applied to the presidency, said a law professor, Brian Kalt at Michigan State University.

Historical documents are analyzed and some of the law experts have said that the founders are intending to consider the presidency as an office under the clause of disqualification while it has been argued by the others that the term is applicable.

So, the question arises that can Trump be disqualified if the Senate does not convict him.

This is quite like an uncharted legal authority and according to scholars, there are no clear answers. A professor of constitutional law, Paul Campos, at the University of Colorado has said that Trump can be disqualified by a vote even if there are not enough votes with which he can be convicted. It is made clear by the Supreme Court that the Senate can conduct the trial with its wide latitude.