Republicans Secure Votes in the Senate to Convict and Remove President Trump from Office
Eamon Javers is reporting that, according to a senior Trump official, there are enough Republican votes in the Senate to convict and remove President Trump from office if they receive articles of impeachment from the House on Wednesday.
This after Pence's expected announcement not to invoke the 25th Amendment, paves the way for House Democrats to move forward with impeachment legislation.
GOP Rep. Brian Fitzpatrick Introduced, R-Pa. A Resolution To Censure Trump. Rep. John Katko, R-N.Y., earlier said he would support impeachment after the president stirred up a mob that attacked the Capitol last week while Congress counted President-elect Joe Biden’s presidential win. Rep. Adam Kinzinger, R-Ill., later joined Cheney and Katko. The riot left five people, including a Capitol police officer, dead.
Republican leader Senator Mitch McConnell is reportedly "pleased" about the idea of a second Trump impeachment, telling sources that he believes President Trump "committed impeachable offenses", according to a late Tuesday New York Times report. McConnell believes impeachment will make it easier to "purge (Trump) from the party" ahead of a Wednesday House vote to formally charge Trump with inciting violence against the country.
McConnell has indicated that he "wants to see the specific article of impeachment that the House is set to approve on Wednesday," the Times wrote.
After two-thirds of senators present voted to remove Trump, a simple majority of senators present would have to approve an additional vote to bar him from the presidency in the future.
The Senate could not skip the conviction-and-removal vote that requires two-thirds of senators and go straight to the simple-majority vote for future disqualification, Ross Garber, an impeachment and political investigations lawyer who teaches at Tulane Law School, told CNN.
Impeachment itself would not ban Trump from a 2024 presidential run. Even a Senate vote to remove Trump would not prohibit him from running in 2024; for the Senate to ban him from the presidency, it would have to hold an additional vote on this question.
Trump would lose his post-presidency pension only if both the House voted to impeach him and then the Senate voted to remove him from office; impeachment itself, without removal, would not result in Trump being denied any benefits.
There is at least some uncertainty about the disqualification issue, since no president has ever been removed from office by the Senate and only judges have been disqualified from future office. The disqualification language in the Constitution is "disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States"; Garber noted that no court or Congress has ever settled the question of whether the presidency counts as an "Office of honor, Trust or Profit under the United States" from which the Senate is able to ban an impeached and convicted person.