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Questions tagged [impeachment]

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

This answer in its present form states If Donald Trump were impeached and blocked from running again (which is one of the things that impeachment can do, disqualify from office)... Is that true? Does impeachment by the House of Representatives,…
WBT
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Is the worst version of the accusations against President Trump impeachable?

Suppose the president of the US demands foreign leader X have X's state conduct an investigation into corrupt dealings of a family member of a former member of the previous US administration (and a potential rival presidential candidate) - and…
einpoklum
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Can a former United States president be criminally prosecuted for acts committed when he was president?

Just after voting to acquit Trump, GOP senate leader Mitch McConnel said: We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being accountable by either one. (source) However,…
Megaptera novaeangliae
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Senate Impeachment rule change?

Although a 2/3 majority is required for the Senate to convict an impeached US President, some of the rules governing the Senate trial can be amended by a simple majority of the Senators. Could a simple majority of Senators vote to make the…
DJohnM
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Is an abuse of power necessarily a criminal offence?

Trying to make sense of the conflicting opinions regarding the 2020 impeachment proceedings in the USA. In particular, is the claim that an abuse of power does not necessarily has to be a criminal offense valid? That is, can a government official…
Michael
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Impeachment jury tampering

The process of impeaching and removing a United States president is often compared to a criminal trial, with the House of Representatives acting to indict a suspect, and the Senate acting as jurors in a trial of the indictment. In that comparison…
DJohnM
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Can an impeachment charge be dismissed on the grounds of double jeopardy?

Two impeachment articles were drafted by the House and then sent to the Senate Abuse of Power Obstruction of Congress. Now say the senate looks at the original articles and underlying evidence and acquits the president. Then later on, the House…
NonPartisanObservor
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Can the president of the United States be impeached on the basis of felonies committed prior to their presidency?

Under the Articles of the Constitution, can the president of the United States be impeached on the basis of felonies he or she committed prior to being sworn in as president?
Tim Plumley
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Is a Senate trial required after the House impeaches a president?

If the House of Representatives impeaches a president, everything I read says that there is then a trial by the Senate regarding removal from office. If the House impeaches a president, is it legally necessary to go forward with a Senate trial or is…
Leonard M Fertig
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Can articles of impeachment be repealed?

Suppose the House of Representatives of the United States impeaches a federal officer such as the president or a federal judge, etc. Can they repeal that act before the Senate tries the case?
Michael Hardy
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What Supreme Court cases, other than Nixon v. United States, have directly applied or interpreted U.S. Const. Art. I, Section 3, Clause 6?

Background Impeachment in the United States is mostly handled by the legislative branch alone. Hence the Courts have not typically applied restrictions or said much about impeachment other than Nixon v. United States: Primary Holding The political…
isakbob
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Can the President counter Mayorkas' impeachment with a pardon?

For as long as I can remember impeachment was something you did to a president. Mayorkas' impeachment came as a surprise. Assuming President Biden was so inclined, could he pardon Mayorkas? Would that save his job?
candied_orange
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Are US Senate impeachment convictions reviewable by the Supreme Court

Alan Dershowwitz argues that a conviction of any President by the US Senate would be unconstitutional under certain circumstances. Please see his book and his television interviews for those certain circumstances that he argues would create a…
BobE
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Can the US Senate disqualify a former President?

In summary, the answer to "Can a US President, after impeachment and removal, be re-elected or re-appointed?" was "Yes, unless the Senate votes by simple majority to add the penalty of disqualification to a removal from office." Suppose a President…
WBT
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Can a sitting U.S. president be imprisoned without impeachment?

A sitting U.S. president can not be indicted for federal crimes as a matter of constitutional separation of powers and DOJ policy, among other reasons. The president's constitutional protections and powers (e.g., pardon power, etc.) do not extend to…
Alexanne Senger
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