Rather than get all goofy in discussions on how an impeachment would take place consider the following. It's not a free form event where any/all topics can be brought up. Rather in the end it results in a trial that has specific rules and processes. Happy reading.
https://www.thoughtco.com/impeachment-the-unthinkable-process-3322171
byRobert Longley
Updated January 11, 2019
The impeachment process in U.S. government was first suggested by Benjamin Franklin during the Constitutional Convention in 1787. Noting that the traditional mechanism for removing “obnoxious” chief executives — like kings — from power had been assassination, Franklin glibly suggested the impeachment process as a more rational and preferable method.
Key Takeaways: Impeachment Process
Presidential impeachment may be the last thing you would ever think could happen in America. In fact, since 1841, over one-third of all American Presidents have either died in office, became disabled, or resigned. However, no American President has ever been forced from office due to impeachment.
Taking the vote on the impeachment of President Johnson. Historical/Getty Images
Only four times in our history has Congress held serious discussions of presidential impeachment:
House Judiciary Committee Meeting in 1974 discussing Nixon's possible impeachment. Bettmann/Getty Images
House Judiciary Committee decides whether or not to proceed with impeachment. If they do...
Bill and Hillary Clinton at the start of the Clinton Impeachment trial. David Hume Kennerly /Getty Images
Chief Justice of the Supreme Court (currently John G. Roberts) presides with all 100 Senators acting as the jury.
At the state level, state legislatures can impeach state officials, including governors, in accordance with their respective state constitutions.
Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors."
To date, two federal judges have been impeached and removed from office based on charges of bribery. No federal official has ever faced impeachment based on charges of treason. All other impeachment proceedings held against federal officials, including three presidents, have been based on charges of “high crimes and misdemeanors.”
According to constitutional lawyers, "High Crimes and Misdemeanors" are (1) real criminality—breaking a law; (2) abuses of power; (3) "violation of public trust" as defined by Alexander Hamilton in the Federalist Papers. In 1970, then-Representative Gerald R. Ford defined impeachable offenses as "whatever a majority of the House of Representatives considers it to be at a given moment in history."
Historically, Congress has issued Articles of Impeachment for acts in three general categories:
The impeachment process is political, rather than criminal in nature. Congress has no power to impose criminal penalties on impeached officials. But criminal courts may try and punish officials if they have committed crimes.
https://www.thoughtco.com/impeachment-the-unthinkable-process-3322171
byRobert Longley
Updated January 11, 2019
The impeachment process in U.S. government was first suggested by Benjamin Franklin during the Constitutional Convention in 1787. Noting that the traditional mechanism for removing “obnoxious” chief executives — like kings — from power had been assassination, Franklin glibly suggested the impeachment process as a more rational and preferable method.
Key Takeaways: Impeachment Process
- The process of impeachment is established by the U.S. Constitution.
- The impeachment process must be initiated in the House of Representatives with the passage of a resolution listing the charges or “Articles of Impeachment” against the official being impeached.
- If passed by the House, the Articles of Impeachment are considered by the Senate in a trial presided over by the Chief Justice of the Supreme Court, with the 100 Senators serving as the jury.
- If the Senate votes in favor of conviction by a 2/3 supermajority vote (67 votes), the Senate will then vote to remove the official from office.
Presidential impeachment may be the last thing you would ever think could happen in America. In fact, since 1841, over one-third of all American Presidents have either died in office, became disabled, or resigned. However, no American President has ever been forced from office due to impeachment.
Taking the vote on the impeachment of President Johnson. Historical/Getty Images
Only four times in our history has Congress held serious discussions of presidential impeachment:
- Andrew Johnson was actually impeached when Congress became unhappy with the way he was dealing with some post-Civil War matters, but Johnson was acquitted in the Senate by one vote and remained in office.
- Congress introduced a resolution to impeach John Tyler over state's rights issues, but the resolution failed.
- Congress was debating his impeachment over the Watergate break-in when President Richard Nixon resigned.
- William J. Clinton was impeached by the House on charges of perjury and obstruction of justice in relation to his affair with White House intern Monica Lewinsky. Clinton was eventually acquitted by the Senate.
House Judiciary Committee Meeting in 1974 discussing Nixon's possible impeachment. Bettmann/Getty Images
House Judiciary Committee decides whether or not to proceed with impeachment. If they do...
- The Chairman of the Judiciary Committee will propose a resolution calling for the Judiciary Committee to begin a formal inquiry into the issue of impeachment.
- Based on their inquiry, the Judiciary Committee will send another resolution composed of one or more "Articles of Impeachment" to the full House stating that impeachment is warranted and why or that impeachment is not called for.
- The Full House (probably operating under special floor rules set by the House Rules Committee) will debate and vote on each Article of Impeachment.
- Should any one of the Articles of Impeachment be approved by a simple majority vote, the President will be "impeached." However, being impeached is sort of like being indicted for a crime. The president will remain in office pending the outcome of the Senate impeachment trial.
Bill and Hillary Clinton at the start of the Clinton Impeachment trial. David Hume Kennerly /Getty Images
Chief Justice of the Supreme Court (currently John G. Roberts) presides with all 100 Senators acting as the jury.
- The Senate meets in private session to debate a verdict.
- The Senate, in open session, votes on a verdict. A 2/3 supermajority vote of the Senate will result in a conviction.
- The Senate will vote to remove the President from office.
- The Senate may also vote (by a simple majority) to prohibit the President from holding any public office in the future.
At the state level, state legislatures can impeach state officials, including governors, in accordance with their respective state constitutions.
Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors."
To date, two federal judges have been impeached and removed from office based on charges of bribery. No federal official has ever faced impeachment based on charges of treason. All other impeachment proceedings held against federal officials, including three presidents, have been based on charges of “high crimes and misdemeanors.”
According to constitutional lawyers, "High Crimes and Misdemeanors" are (1) real criminality—breaking a law; (2) abuses of power; (3) "violation of public trust" as defined by Alexander Hamilton in the Federalist Papers. In 1970, then-Representative Gerald R. Ford defined impeachable offenses as "whatever a majority of the House of Representatives considers it to be at a given moment in history."
Historically, Congress has issued Articles of Impeachment for acts in three general categories:
- Exceeding the constitutional bounds of the powers of the office.
- Behavior grossly incompatible with the proper function and purpose of the office.
- Employing the power of the office for an improper purpose or for personal gain.
The impeachment process is political, rather than criminal in nature. Congress has no power to impose criminal penalties on impeached officials. But criminal courts may try and punish officials if they have committed crimes.
