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Desert grandma

(804 posts)
Tue Sep 22, 2020, 12:29 PM Sep 2020

Since it appears that Senate GOP will ram through a SC nominee before the election..

If Biden then wins this election, can Trump be impeached in the lame duck session for abuse of power and other criminal acts (tax evasion), have the Senate vote on it between Jan1-19 with the new Senate seated (if we flip the Senate), and then recall whomever the pick is as an illegal action by an impeached president? That is a lot of ifs however, just wondering if it can be done.

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Since it appears that Senate GOP will ram through a SC nominee before the election.. (Original Post) Desert grandma Sep 2020 OP
We will do LOTS of stuff after January 3 and 20, 2021 DonaldsRump Sep 2020 #1
POTUS Impeachment and SCOTUS appointments are not tied together kurtcagle Sep 2020 #2
No. rsdsharp Sep 2020 #3
If we flip the senate then, this is what we should do if we plan to impeach. Desert grandma Sep 2020 #4

kurtcagle

(1,602 posts)
2. POTUS Impeachment and SCOTUS appointments are not tied together
Tue Sep 22, 2020, 01:01 PM
Sep 2020

I personally believe that it's a good idea, however, and have advocated it before. Impeachment as it stands is toothless, because there are no consequences to it EXCEPT for the removal from office. However, penalizing the president by removing his ability to nominate SCOTUS judges should he be impeached makes it a much thornier problem for the president. It would be even sweeter if the authority at that point devolves to the Speaker of the House. Similarly, modified impeachment removes the ability to pardon.

Unfortunately, either would require a constitutional amendment.

rsdsharp

(9,168 posts)
3. No.
Tue Sep 22, 2020, 01:20 PM
Sep 2020

What you are describing is impeachment by one Congress, and trial by the next. The new House would have to impeach, and the new Senate try, between January 3 and January 20 when Trump leaves office.

Desert grandma

(804 posts)
4. If we flip the senate then, this is what we should do if we plan to impeach.
Tue Sep 22, 2020, 01:37 PM
Sep 2020

If the House prepares Articles of Impeachment before then and it goes to Mitch McTurtle's senate, he has to accept them, however. he can have the senate vote to not hear the case and it goes away. That was my understanding from listening to MSNBC yesterday.

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