Bi-den Trump

Between the news stories regarding the storming of the US Capitol in Washington DC and the news of President Trump’s unprecedented second impeachment, there is no doubt that the world’s eyes are watching and waiting for what will happen next.

Although Trump has been impeached, his fate in the hands of the Senate is still yet to be known. The following will provide a brief synopsis of what may be to come, and the consequences if President Trump is convicted by the Senate.

So, what does impeachment even mean?

The US Constitution permits Congress to remove presidents before their term ends if enough lawmakers vote to say that they committed “treason, bribery or other high crimes and misdemeanours”. [1]

A “high crime” is a term derived from the British common law, and essentially is an abuse of power by a high-level public official. [2]

In short, President Trump has been impeached for “inciting violence against the government of the United States” in relation to the storming of the Capitol on 6 January 2021 following a Trump rally where Mr Trump claimed that the election had been ‘stolen from him’ and encouraging attendees to march down to the Capitol and “fight like hell” and “take back our country”.

What happens in the senate trial?

There are no set rules for a Senate trial. The Senate will pass a resolution which lays out the trial procedures, and these can vary from trial to trial (noting that there have only been two other presidents impeached). [3]

Ultimately the Senate can make a call on how many witnesses are allowed and the length of depositions to be given. [4]

There is also no set standard for impeachment and removal specified by the Constitution. There is no guidance in the Constitution to detail what does or does not constitute impeachable “treason, bribery or other high crimes and misdemeanours”. There is also no standard of proof to be met. [5]

The Senate trial will likely be overseen by the Chief Justice of the United States. A team of lawmakers from the House, known as managers, will ‘play’ the role of prosecutors. President Trump will have defence lawyers, and the Senate members serve as the jury.[6]

When will the Senate trial begin?

At present, it looks unlikely that the impeachment trial will proceed before the inauguration of President-elect Biden on 20 January 2021. Ultimately, this means that President Trump will not be removed from office but will rather end his term as president at 11:59pm on 19 January 2021. [7]

It is anticipated that the impeachment trial will commence at the earliest on 20 January 2021.

What happens if Donald Trump is found guilty?

If two-third or more of the Senators find President Trump guilty, he will be removed as president and vice-president Mike Pence will take over as President until President-elect Joe Biden’s inauguration.[8]

If the trial occurs after President Trump’s term has finished and he is found guilty, the following consequences may occur:

Donald Trump may be prevented from running for presidency again, or ever holding public office;
Donald Trump may lose his pension;
Donald Trump’s future lifetime secret service protection may not remain in place if he is no longer defined at a “former president”. [9]

It is important to note that these circumstances have never occurred before, and accordingly many US Constitutional Law experts are attempting to determine what the potential consequences may actually be. The Constitution has purposely been drafted in a way where it is general, and the detail is left to be filled in by the US Congress – which leaves many questions unanswered.

Unfortunately, like the rest of the world we’re going to have to wait and see what the Senate does in the coming months. One thing is for sure, President Trump will not be leaving the Oval Office without controversy.

[1] Charlie Savage, ‘How the Impeachment Process Works’ The New York Times (24 September 2019) https://www.nytimes.com/2019/09/24/us/politics/impeachment-trump-explained.html

[2] Ibid.

[3] Ibid.

[4] Ibid.

[5] Ibid.

[6] Charlie Savage, ‘How the Impeachment Process Works’ The New York Times (24 September 2019) https://www.nytimes.com/2019/09/24/us/politics/impeachment-trump-explained.html

[7] Peta Fuller, ‘Donald Trump has been impeached for a second time. What happens next? Can he run again?’, ABC News (14 January 2021) https://www.abc.net.au/news/2021-01-14/donald-trump-impeachment-what-happens-next/13056676

[8] Peta Fuller, ‘Donald Trump has been impeached for a second time. What happens next? Can he run again?’, ABC News (14 January 2021) https://www.abc.net.au/news/2021-01-14/donald-trump-impeachment-what-happens-next/13056676

[9] McKenna King, ‘Consequences of second impeachment on President Trump’s political future, presidential benefits’, ABC Action News (13 January 2021) https://www.abcactionnews.com/news/national-politics/consequences-of-second-impeachment-on-president-trumps-political-future-presidential-benefits

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Bi-den Trump