President Donald Trump at the Save America March where he spoke before a mob attacked the U.S. Capitol building, Wednesday, Jan. 6. Credit: Carol Guzy/ZUMA Wire via TNS
For the second time in his term, the U.S. House of Representatives drafted formal articles of impeachment against President Donald Trump — this time less than nine days before he is set to leave office.
Trump supporters mobbed the U.S. Capitol Jan. 6, disrupting the electoral college certification process underway inside. Since then, some lawmakers have called for Trump’s early removal from office by way of articles of impeachment — reasons for removal of office determined by the House of Representatives — or by invoking the 25th Amendment, which allows the president’s cabinet to remove Trump from office with a majority vote.
Impeachment resolutions require a simple majority to pass the House of Representatives, but there must be a two-third’s majority in the Senate to convict and remove Trump from office. The Democrat-controlled House will likely impeach Trump but the Senate, which would hold the trial and is Republican-controlled, is unlikely to convict and remove him.
According to House Democrats’ new impeachment resolution against Trump, the president is accused of inciting an insurrection Jan 6. Specifically, the document states Trump made multiple unfounded claims at a rally in Washington, D.C. the morning of Jan. 6 that the election was “stolen.” He further encouraged supporters to march to the Capitol to stop the vote.
If Trump is removed from office, he will lose out on post-presidency benefits instilled by the 1958 Former Presidents Act. This includes a $219,000 pension, health insurance and an allowance to maintain an office and staff. Regardless of whether he is removed, Trump will remain protected by the Secret Service after leaving office.
Aside from benefits, removal from office would prevent Trump from running for the presidency again. After losing the election to President-elect Joe Biden, he referenced a 2024 bid at the White House Christmas party.
“It’s been an amazing four years,” Trump said at the gathering. “We’re trying to do another four years. Otherwise, I’ll see you in four years.”
From the day the House of Representatives voted to impeach Trump for abuse of power and obstruction of Congress Dec. 18 to his acquittal in the Senate Feb. 5, Trump’s first impeachment took more than a month and a half. There are nine days until Biden’s inauguration.
If the House sends articles of impeachment to the Senate, the resulting impeachment trial could hamper the transition of power by delaying Biden’s cabinet picks and a coronavirus relief package, House Majority Whip Jim Clyburn said on a call with Democrat leaders Saturday.
In addition to inciting the Capitol attack, the resolution accuses Trump of repeatedly trying to “subvert and obstruct the certification of the results of the 2020 presidential election.” In a recorded phone call Jan. 2, Trump attempted to coerce Georgia Secretary of State Brad Raffensperger into finding enough votes to overturn Georgia’s election results.
“All I want to do is this. I just want to find 11,780 votes, which is one more than we have because we won the state,” Trump said.
The House is set to vote on a formal resolution requesting Vice President Mike Pence invoke the 25th Amendment Tuesday, giving him 24 hours to take action. If not, the House will move forward with the impeachment process, House Speaker Nancy Pelosi said in an interview with “60 Minutes” Sunday.
Section four of the 25th amendment allows the vice president, with a majority of the president’s cabinet, to declare the president unable to perform presidential duties to the speaker of the House of Representative and president pro tempore of the Senate, at which point the vice president immediately assumes the role of acting president.
Trump could assume his duties by transmitting a written declaration to the president pro tempore and speaker, stating no inability exists and the vice president and a majority of the cabinet do not object.
