Can Democrats Legally Attempt to Impeach Trump a Second Time?
The recent election has resulted in Joe Biden becoming President, leading many to question why there would be any effort to impeach the former President, Donald Trump. This article explores whether there is a legal basis for a second impeachment of Trump and the context surrounding such actions.
First Impeachment: A Quick Recap
On January 13th, Donald Trump was impeached by the House of Representatives. An impeachment is similar to an indictment—it is a formal charge against a public official. The impeachment charges require a trial in the Senate, where a conviction can result in removing the president from office and stripping him of various benefits, including the ability to hold office again or receive a pension.
Senator McConnell stated that the Senate trial should not commence until after Biden is sworn in as president. However, historical precedents suggest that impeachment proceedings can be initiated and concluded after the new president takes office. For instance, during Ulysses S. Grant’s presidency, a cabinet member was impeached even after resigning from office.
Legal Framework for a Second Impeachment
Yes, the Democrats have the legal right to attempt to impeach Trump a second time. An impeachment is not a permanent ruling but rather a charge that can be brought up again if new evidence or circumstances arise. The impeachment process is not tied to the current president being in office; it can be initiated and pursued by any succeeding administration.
Political and Legislative Realities
While theoretically possible, the actual execution of a second impeachment faces significant political challenges. For instance, it is highly unlikely that 10 Republican senators, who were hesitant during the first impeachment, would switch their votes under threat and fear. Senators are often older and less likely to engage in high-risk political actions.
Moreover, the makeup of the Senate, with an older and less dynamic group of senators, suggests that even if the impeachment process were to begin, it is improbable that it would result in a second conviction. The strong support from the Republican base, including the Trump-supporting faction, would likely provide significant political barriers.
Political Implications and Motivations
The primary motivation behind a second impeachment is not a legally sound argument but rather a political one. The Democrats appear to be attempting to reassert their vocal opposition to Trump's actions, particularly his role in inciting violence during the January 6th Capitol riot. This move is also intended to signal to the American public and international observers that the powers of impeachment are intact and can be used to hold former leaders accountable.
Additionally, by drawing attention back to Trump’s actions, the Democrats hope to extend the narrative of his involvement in the riot and further erode his legitimacy as a former president. This strategy could have ramifications for Trump’s future political prospects and the political landscape in general.
Conclusion
While there are legal grounds for attempting a second impeachment of Trump, the practical and political challenges make it highly improbable. The historical context and current political climate suggest that any such actions would face significant resistance and limited success.