January 11th Comprehensive report, less than 10 days before the end of President Trump’s term, but calls for him to step down early remain unabated.
The Democratic Party of the United States is preparing to launch a second impeachment against Trump, planning to file an impeachment motion on January 11, accusing Trump of “inciting rebellion”.
At that time, Trump will become the first president in American history to face two impeachments.
The U.S. House of Representatives plans to file an impeachment motion
Clayburn, a Democratic whip in the U.S. House of Representatives, said that Democrats in the House of Representatives plan to file a motion for impeachment on the 11th.
Clyburn said he expected the House to finalize the impeachment clause on the 11th and vote on it on the 12th or 13th. The clause may include Trump’s alleged incitement to congressional riots and pressure on Georgia officials to try to change the election results.
According to the content of the impeachment draft obtained by CBS, the first paragraph of the draft accused Trump of “intentionally inciting violence against the U.S. government” and that Trump made remarks inciting and leading to “illegal acts in Capitol Hill”.
In response to the incident, a White House spokesman criticized the impeachment bill as “politically motivated” and would only “further divide” the United States.
Trump faced impeachment in December 2019 after being criticized for abuse of power and obstructing the operation of Congress, but the Senate finally vetoed the impeachment bill in February 2020. If Trump is impeached again this time, he will become the first president in American history to be impeached twice.
How many steps does the impeachment process divide into?
On the afternoon of January 6th local time, hundreds of protesters gathered in Washington, D.C., the capital of the United States, to demonstrate in support of Trump. Subsequently, some demonstrators forcibly entered the U.S. Congressional area and broke through the Capitol, killing five people.
After the incident, nearly 60 Democratic members of the U.S. House of Representatives supported Trump’s impeachment. According to many media reports, there are currently voices in both Republicans and Democrats that Trump should step down before President-elect Biden of the United States takes office on January 20.
Reuters reported that if Trump is to be pushed to step down, there are two ways: one is to launch the 25th Amendment to the U.S. Constitution, and the other is to impeach him after the Senate convicts him.
If Trump is to be impeached, it will require the House of Representatives to file a complaint about Trump’s “serious crimes or misdemeanors”, which will be passed by a majority of the House of Representatives, and then be considered by the Senate to decide whether he is guilty.
The U.S. Constitution stipulates that more than two-thirds of the members of the Senate need to agree to his guilt to remove the president.
Senate Majority Leader McConnell previously made it clear that even if the House of Representatives initiates impeachment proceedings in the next few days, senators will not return to Congress before January 19. This means that the impeachment motion will not be launched until Trump leaves office, a person familiar with the matter said.
NBC Business (CNBC) reported that it is almost certain that there is not enough time to use impeachment to remove Trump from power.
How to invoke the 25th Amendment to the U.S. Constitution?
So what is the possibility of invoking the 25th Amendment to the U.S. Constitution to deprive President Trump of power?
It is reported that the 25th Amendment has not been used since it came into force in 1967.
If the amendment is invoked, it will first be Vice President Pence and a majority of the Cabinet, to provide written proof to the Senate Pro Tempore (now Senator Chuck Grassley of Iowa) and the Speaker of the House (Pelosi), saying that Trump “is unable to perform his powers and responsibilities in his duties”. This would immediately deprive Trump of power and make Pence the acting president.
But the 25th Amendment would allow Trump to immediately send his own written statements to Grassley and Pelosi, saying that he could actually carry out his duties. This would reinstate him unless Pence and the cabinet sent another statement to congressional leaders within four days reiterating their concerns.
The statement would require Congress to convene within 48 hours and vote within 21 days. If two-thirds of the members of both houses agree that Trump cannot remain president, he will be permanently deprived of power and Pence will continue to serve as acting president. If the congressional vote fails, Trump will restore his authority.
The New York Times said that in this context, depriving the president under the 25th Amendment would be more difficult than the impeachment process.
CNN reported that Pence did not rule out the possibility of recalling Trump by invoking the 25th Amendment, CNN reported. As of the evening of the 9th, Trump and Pence have not talked since the riots in Congress on the 6th. Trump also made no public remarks condemning death threats against Pence on social media.
There are concerns within Pence’s team that there are risks invoking the 25th Amendment and even impeachment proceedings, as Trump could take reckless actions to put the United States “in danger again”.