BY SONALI DE SILVA-
Impeachment. It is a word that has been thrown around by many during a time when the possibility has become concrete and Democrats have begun the process. However, the murky depths of the word have caused many to believe that it is the first and last stage of an incumbent President holding office. This is not true and the process of removal of a President becomes much more difficult and strenuous beyond merely impeachment.
The backbone of the entire process of removal of a President is an effort to hold elected officials to account for abuses of power that are constitutionally wrong and would require immediate expulsion. Impeachment is the initial stage of the process of removing a President from office. It is the initial accusation that launches a trial which may eventually lead to a removal. Constitutionally, this initial accusation must relate to treason, bribery, high crimes or misdemeanours.
To begin with, articles of impeachment (specific charges of impeachment) are gathered and presented to the House Judiciary Committee within the lower house who usually reviews the accusation, examines the evidence and issues a recommendation. If this Committee votes and finds grounds for impeachment then a vote is presented to the full House of Representatives deciding whether or not the President or other elected official should be impeached. This is through a simple majority and in the case of Donald Trump is likely to go ahead considering the House of Representatives is controlled by the Democrats.
To remove an incumbent President from office, impeachment is not enough. Following the vote of impeachment in the House of Representatives, the Senate, will need to hear the evidence and determine whether the President should be convicted through a formal trial. The trial itself is presided over by the Chief Justice of the Supreme Court and Senators will need to have a supermajority or 2/3rds majority in order to convict the President.
If the President is in fact convicted, he or she would usually end up being barred from holding office in the future and, if the charges are serious enough, be open to standard criminal prosecution.
Historically, only two Presidents have been impeached, both of whom were not convicted in the Senate and were able to continue to be President until their terms finished. Both Andrew Johnson in 1868 and Bill Clinton in 1998-1999 were impeached for replacing the Secretary of War without consulting the Senate and perjury respectively. Contrary to popular belief, Richard Nixon was never actually impeached for the Watergate Scandal as he resigned before being impeached knowing that he would ultimately be convicted.
What is happening now:
In a dramatic turn of events, which everyone saw coming, the Democrats have moved forward with articulating the articles of impeachment and Monday saw the beginning of House Judiciary Committee hearings. The articles surround the White House’s obstruction of Congress in assisting in the matters of the inquiry but more centrally, the events of Ukraine. This was due to the whistle-blower report that uncovered how President Trump pushed Ukrainian President Volodymyr Zelensky to investigate presidential candidate, Joe Biden’s son in return for military aid.
Despite this firm push towards the beginning of impeachment inquiries, the White House has maintained its position of staunch opposition to the very inkling of the word impeachment and has consistently labelled this impeachment inquiry a “reckless abuse of power” and “completely baseless”. In response to calls for the White House to participate in the impeachment hearing so that there is appropriate evidence from both sides of this constitutional move, the White House says it will not participate. This is because this impeachment inquiry is “most unjust, highly partisan and unconstitutional”.
In response, the House Judiciary Chairman, Jerry Nadler, released a statement stating that “having declined this opportunity, [Donald Trump] cannot then claim that the process is unfair”. Despite the American people deserving answers from President Trump, Nadler says that Trump’s failure to respond will not prevent the party from continuing on its solemn constitutional duty.
Monday will see the beginning of the first stage of inquiries presented to the House Judiciary Committee showing full well the intent that the Democrats via Nancy Pelosi are propagating impeachment inquiries.
The implications:
Democrats will need to be wary in the dangerous journey they have decided to take part in.
Among the concerns that have arisen is the fact that no President in American history has ever been formally charged via the Senate and it does not look like it will happen with President Trump. Given the Republican majority in the Senate, it will be near impossible for any charges to be brought against Trump unless something wildly absurd occurred in the lead up towards the vote. Trump has done many of things including paying off a porn star, refusing to release tax returns, profiting off the office of the President (i.e. his hotels and other business ventures), interfering in the Mueller investigations and allegedly allow Russian election interference. Yet still, he has not faced any real consequence.
Therefore, bearing this in mind, a narrative has emerged where this impeachment is perceived as purely political and an effort to undercut Trump and his support base. However, this may actually backfire leading to a result that could assist Trump’s 2020 election campaign. Democrats need to be careful not to further galvanise support for Trump as the narrative of a democratically elected President attempting to have his office ripped away from him is strong. Democrats need to be careful not to send the message that they have no confidence in their own party’s ability to beat Trump in the next elections. The message they may be sending is one that shows that they are more interested in partisanship than policymaking, utilising the most serious tool of impeachment to inflict damage to their political opponents.
As further stages of this impeachment process begin. Democrats will need to be wary of the choices they make and the phrasing of their decisions. It will be vital that they recognise when the public is with or without them as polls are showing an increasingly close margin between Americans who support and oppose impeaching the President of the United States.
Only time will tell whether America will finally and successfully dump its first incumbent President or whether, Donald J Trump will merely become the third of a short list of Presidents who were impeached yet still remained President.
