Is There Any Rule That Says the Senate Can't Try to Convict Trump Again?

[clementine613]

I was wondering if the Senate could take up either/both of the Articles of Impeachment against Trump again after the 2022 midterms and possibly convict Trump and hold him ineligible to hold office.

(And no, please don't say "double jeopardy." That only applies to criminal trials. Impeachment and conviction in the Senate is a political process, not a criminal one).

[mahatmakanejeeves]

1. Is there a point? NT

[clementine613]

5. Yes.

A. To get it on record that he was convicted.
B. To make it impossible for him to run in 2024.

[mahatmakanejeeves]

9. Wouldn't the time, effort, and money be better spent on electing candidates

to down-ticket positions?

School board? City councilor? State delegate? State senate? Attorney general? Library board?

You know, positions where the officeholder could make a difference?

[clementine613]

11. I don't see why we can't do both.

[Polybius]

26. Why are you afraid of him running in 2024?

I'd rather go up against Trump then DeSantis.

[iemanja]

2. It's over

Forget about it.

[getagrip_already]

3. Normally, the senate can only vote on a bill once.....

They can postpone votes, but once it gets voted on it can't be brought up again unless there is a new bill, and in the case of impeachment, would mean to house would have to vote on articles.

But even if we win every reach seat in 22, we won't have a 2/3 majority, so the result would be the same.

[clementine613]

6. Is Impeachment a bill?

[getagrip_already]

13. the constitution isn't clear...

the senate makes the rules that are not explicitly stated. But I believe the current rules treat it this way. One vote.

But why bother at this point? Just move the DoJ to indict him on any one of dozens of felonies.

[clementine613]

14. The reason to both is to make Trump ineligible to run in 2024.

[getagrip_already]

18. unlesss impeached by the house and convicted in the senate...

With a second vote in the senate concerning removing him from any future office, he can still run again.

Even a convicted felon, serving time in prison, can run, and if elected, serve.

[clementine613]

20. Well, he WAS impeached by the House.

My question was, is there any rule that says that the Senate can't take up the same Articles of Impeachment again. And if there is, what is the rule?

[leftieNanner]

4. You would still need 67 votes in the Senate

And that's just not going to happen.

[clementine613]

7. Well, it would, of course, depend on the outcome of the 2022 midterms.

[getagrip_already]

15. there aren't enough seats close enough to matter....

We might get 55, or at a real stretch 60 (if some die and a dem governor replaces them).

But that isn't 67, qand we cant count on one gop vote.

[SoCalDavidS]

30. We Did Get 7 repubs Voting For Conviction Last Time nt

[getagrip_already]

33. true, but it is not enough....

I was thinking of the house, where only a small handful voted to impeach.

You are correct, the senate had 7 gop voting to convict.

But it still isn't enough.. We won't get to 60, and even if we did, some gop senators would change their mind and not convict. It's one thing to be a protest vote, it's another to be the deciding vote. Just look at manchin.

[Baked Potato]

8. It will be more pleasurable to see the entire world reject Don Yawn. Nt

[Fiendish Thingy]

10. He would have to be impeached in the house a third time, and that's not happening. Nt

[clementine613]

12. Well, that was my question...

Can the Senate just take up the old Articles of Impeachment and run with them again. There's no double jeopardy to prevent it.

[Fiendish Thingy]

16. The trial was completed, he won't be tried again for the same articles, period. Nt

[clementine613]

17. But can he be tried again? Is there an actual rule against it?

That's my question. And, if so, what is the rule?

[unblock]

22. He can be impeached again, then tried for the new impeachment.

In theory he can be impeached for the same offenses.

Never been tested of course, but there's no constitutional reason it can't be done.

Ianal, but I don't think double jeopardy applies because it's not a criminal proceeding, it's an employment review.

[clementine613]

24. I know double jeopardy doesn't apply.

My question, I guess, is "do the articles of Impeachment expire after the Senate trial?" Or can they be used again and again until a conviction is obtained.

I was wondering if there was any rule that actually addressed this point.

[unblock]

25. Not sure it's spelled out specifically in relation to impeachment, but generally,

Unfinished actions of congress generally expire at the end of a session, so if the senate never acted on an impeachment, the next congrsss would not be able to take it up without a fresh impeachment.

In this case the senate did have a trial, so that matter is settled and again they would need a fresh impeachment to have a trial on it.

[Fiendish Thingy]

32. He cannot be tried again for old articles, he would have to be impeached a third time.

At the very least the existing senate rules prohibit a second trial once on the same articles once a president has been acquitted.

[SharonClark]

19. There are dozens of articles about this topic.

Why not do your own research if you are sincerely asking this question?
Google is your friend.

[clementine613]

21. Are there?

My apologies. I didn't think there would be any.

[clementine613]

23. OK, now I've looked. I did not find any articles that address my specific question...

Namely, can the Senate take another run with the already-existing Articles of Impeachment that were passed by the House in 2020 and 2021.

If you know of an article that actually answers that question, I'd be most grateful if you could link to it for me.

Thanks!

[SharonClark]

29. You LOOKED but did you actually READ any of the articles?

The bigger point may be why you are asking this question and what you'll do with the information once you've found the answer.

[WarGamer]

27. you're assuming Democratic control of Coungress?

[Polybius]

28. If we do it again, we look desperate and give their side a clear advantage

It's also a double edged sword. Republicans are revengeful. They will in turn keep doing it to us.

[ecstatic]

31. It's an unspoken rule known as "it's OK if you're a white republican male" rule.

As a white republican male, he won't be held accountable by the Senate or the DOJ. Everyone shrugs and asks, "what's the point?" Anyone else would be in a prison cell right now. smfh.