How To Get Trump Out Of Office

Trump Is Out Of Office But The Supreme Court Is Ensuring His Legacy Lives On

WASHINGTON Former President Donald Trump no longer holds formal power, but the Supreme Court is ensuring his legacy lives on.

By a 6-3 vote Friday, the court erased nearly 50 years of precedent by ruling that the Constitution does not protect a right to abortion. Earlier in the week, by the same margin, the court struck down a New York law that heavily restricted licenses to carry concealed handguns and ruled that police officers can’t be sued for violating a suspect’s Miranda rights.

In each of the cases, all three justices appointed by Trump Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett voted in the majority.

“Theres just so much deterioration to our human rights and our basic individual rights that have manifested in just a single week,” said Mai El-Sadany, a human rights lawyer in Washington who participated in a protest outside the Supreme Court following the abortion decision. “Thats all part of Trumps legacy, and I think its important for people to recognize that.”

While liberals blame Trump for nominating judges who have delivered on his promise to shift the court dramatically to the political right, conservatives credit him for the very same reason. No ruling carries more weight with them than Friday’s reversal of the court’s 1973 Roe vs. Wade decision, which blocked states from banning abortion.

Abortion opponents became a key part of his political coalition, and Trump has not disappointed them.

Second Impeachment Of Donald Trump

Donald Trump, the 45th president of the United States, was impeached for the second time on January 13, 2021, one week before his term expired. It was the fourth impeachment of a U.S. president, and the second for Trump after his first impeachment in December 2019. Ten Republican representatives voted for the second impeachment, the most pro-impeachment votes ever from a president’s party. This was also the first presidential impeachment in which the majority caucus voted unanimously for impeachment.

Trump Impeachment: Here’s How The Process Works

Trump became the first president impeached twice.

Former President Donald Trump faces an unprecedented second impeachment trial this week. Adding to the historic nature of the proceeding is that he is no longer in office and the members of the Senate who will decide his fate are among the victims in the Capitol siege, which he is accused of instigating.

The House of Representatives voted 232-197 on Jan. 13 to impeach Trump for an unprecedented second time for his role in the of the Capitol, which occurred as a joint session of Congress was ratifying the election of President Biden.

The extraordinary step of a second impeachment, which charged Trump with incitement of insurrection, took place just days before Trump was set to leave office. Only two other presidents — Andrew Johnson and Bill Clinton — have been impeached and none have been convicted.

Unlike Trumps first impeachment in 2019 , 10 members of the House GOP, including conference chair Liz Cheney, R-Wyo., voted for impeachment and denounced the presidents actions. Democratic House impeachment managers argued in a brief ahead of his trial, which starts in earnest Feb. 9, that Trump bore “unmistakable” responsibility for the siege and called it a “betrayal of historic proportions.”

“He summoned a mob to Washington, exhorted them into a frenzy, and aimed them like a loaded cannon down Pennsylvania Avenue,” the managers wrote.

Here’s how the impeachment process works:

Also Check: How Many Seats Republicans Have In House

If Dems Doj Doesnt Have Enough To Convict Trump Will Be Back In Oval Office

Whatever the FBI was looking for in its raid of Donald Trumps home, it better be big. Really, really big, and important enough to justify this radical and unprecedented action against a former president.

If this were a murder case, even a smoking gun wouldnt be enough. There would also need to be a corpse.

Because if Democrats didnt find enough evidence to send Trump to jail, theyve probably handed him a return trip to the Oval Office.

In a normal case, the burden of proof falls on the government and the suspect is considered innocent until proven guilty.

In this case, the government is guilty of political prosecution until it proves otherwise. Trump is no angel but, just as he is not above the law, neither is he beneath it.

The FBI never recovered the credibility it shattered when former Director James Comey and his band of dirty cops perpetrated the Russia, Russia, Russia hoax. Comeys crew lied to get a spying warrant on Trumps campaign and did its best to tip the election to Hillary Clinton.

Its not necessary to recount the entire Steele dossier debacle and how the FBI swallowed Clintons dirty trick. It is sufficient merely to remember that Clinton set up her own private server as secretary of state, sent and received classified information on it and got off scot-free.

One Year Out Of Office Trump Continued Profiting From His Presidency

• Rectangle in the shape of an envelope

Donald Trump is a twice-impeached, one-term president who continues to spout lies that led to an attempted violent overthrow of a free and fair election that he lost, but in the year since slinking away from the White House, his businesses have thrived on Republican officials treating his properties as their de facto headquarters. In the past year, candidates running for federal and state office and sitting members of Congress looking to keep their seats and appeal to a Trump-loving base have visited Trumps properties in droves, and many have held expensive fundraising events at them. According to tracking by CREW, public officials and candidates for office have made at least 235 visits to Trump properties and have held 51 events.

These visits bring more than just profit to the for-profit kingmaker of the Republican Party, they bring an alternate reality. At Mar-a-Lago, Trump won in 2020. These visits and events, where Trump is often present and frequently gives remarks, perpetuate that false belief. Many of Trumps top customers are the same people most involved in spreading it.

Also Check: How Many Republicans In The Us

Theres A Surprisingly Plausible Path To Removing Trump From Office

It would take just three Republican senators to turn the impeachment vote into a secret ballot. Itâs not hard to imagine what would happen then.

A secret impeachment ballot might sound crazy, but itâs actually quite possible. In fact, it would take only three senators to allow for that possibility.

Senate Majority Leader Mitch McConnell has said he will immediately move to hold a trial to adjudicate the articles of impeachment if and when the Senate receives them from the House of Representatives. Article I, Section 3, of the Constitution does not set many parameters for the trial, except to say that âthe Chief Justice shall preside,â and âno Person shall be convicted without the Concurrence of two thirds of the Members present.â That means the Senate has sole authority to draft its own rules for the impeachment trial, without judicial or executive branch oversight.

During the last impeachment of a president, Bill Clinton, the rules were hammered out by Democrats and Republicans in a collaborative process,as then Senate leaders Trent Lott and Tom Daschle recently pointed out in a Washington Post op-ed. The rules passed unanimously. Thatâs unlikely this time, given the polarization that now defines our politics. McConnell and his fellow Republicans are much more likely to dictate the rules with little input from Democrats.

Nancy Mceldowney Former Director Of The Foreign Service Institute

Democrats generally understand they will need federal employees to implement their policies, though they may believe that those employees need to be liberated from rules, Light added. Republicans have the same hierarchy, but are motivated by a different goal. Both parties in the past have come in saying, Weve got an agenda weve got four years, maybe eight, so we cant wait for action.

In the Trump administration, Light noted, many may agree with Bannons concept of a deep state, but are uncomfortable with that language.

Former White House chief strategist Steve Bannon steps off Air Force One on April 9, 2017, at Andrews Air Force Base, Md.

Others are skeptical that many in Trumps circles actually buy into the notion of a deep state. If they had this theory of the deep state and were worried, the first thing they would do is appoint a lot of political appointees, said Donald Devine, who headed the Office of Personnel Management in the Reagan administration.

Norm Ornstein, a longtime observer of Washington at the American Enterprise Institute, is appalled at what he sees as Bannons promotion of a conspiracy theory of lawless people trying to undermine American values for their own warped sense and defying laws and property.

Also Check: Patriot Subaru North Attleboro Ma

Related Video: Trump Lawyer Michael Cohen Slams Him The Man Doesnt Tell The Truth

Tribe, a longtime lawyer, warns against taking an extreme stance on either side of the impeachment question.

I cant predict whether will happen, but I think that the people who predict either extreme are wrong, he says. People who say it will never happen are getting ahead of their skis. And the people who say we should impeach right now before hearings are really not only getting ahead of their skis but shooting themselves in the foot. Because trying to impeach him now before there is that kind of public resolve that he should be removed would be almost a guarantee that he would not be removed.

Only two presidents have been impeached Andrew Johnson, in 1868, and Bill Clinton, in 1998 and both were acquitted by the Senate.

In 1974, Richard Nixon became the only president in U.S. history to resign, amid the fallout from his coverup of the Watergate scandal, but before he could be impeached by the House and tried in the Senate.

Here is a list of all the ways a president can leave office, involuntarily or voluntarily, before their term is up.

After The Cawthorn Ruling Can Trump Be Saved From Section 3 Of The 14th Amendment

Last month, a federal appeals panel gave the back of its hand to Rep. Madison Cawthorn, who was trying to stifle an attempt to block his bid for a second term.

A group of voters in Cawthorns district, represented by an out-of-state advocacy group, had alleged that Cawthorns conduct before, during, and after the January 6 Capitol riot amounted to having engaged in insurrection, thereby disqualifying him from holding office underSection 3 of the 14th Amendment.

Cawthorns lawyers argued that the Amnesty Act of 1872 barred the voter challenge against him. In that statute, Congress exercised its power under Section 3 to lift the disabilities that the provision had imposed upon large categories of Confederate officers and officialsin essence, all but the highest-ranking ones, like Confederate president Jefferson Davis.

Although Cawthorn lost his primary on May 17, the U.S. Court of Appeals for the Fourth Circuitruled nonetheless on May 24, asserting that the case was not moot because the vote had not yet been certified. Judge Toby J. Heytens,writing for the court, summarized both the issue presented and the panels decision in terse terms:

What light has this litigation shed so far? Which past, present, or would-be future public officialsif anyare realistically imperiled by these challenges?

Still, the prospect of his returning to power, notwithstanding all the evidence of his having incited the Capitol insurrection, is even more disquieting.

Read Also: Eagles Vs Patriots Tv Channel

The Second Crucial Question: How Operational Is Section 3

In a paper published before Jan. 6, Magliocca chronicled Section 3s gradual and ironic deletion from history. The clause now faces a test of implementation for the first time in over a century.

Magliocca concurs with many other scholars that, based on an 1869 federal court opinion, Section 3 is probably not self-enforcing. Meaning, one option is for Congress to pass a statute or concurrent resolution that clarifies Section 3s applicability and enforcement today. Either of these, a statute or resolution, could then be contested in court.

On May 27, Rep. Debbie Wasserman Schultz introduced a bill in Congress to create an enforcement mechanism for Section 3. Congress has the discretion to enforce this expansively, or in a more restrictive way, Magliocca commented on the new legislation. Theres not that much in Section 3 itself that limits what they can do, except that you can only bring these actions against people who had previously sworn an oath to uphold the Constitution Beyond that, everything else is up for grabs.

Fein added that, in filing challenges this year, his group helped demonstrate that while it would be important and helpful for Congress to take action, unless and until it does, people are not powerless to enforce this important provision of the Constitution.

How Does Section 3 Apply To Those Who Engaged With The Jan 6insurrection Important Legal Questions Remain Unanswered

Of course, the biggest implication for 2024 is whether the clause could disqualify Trump from running for president again. Fein told Democracy Docket that if Trump chooses to run for president in 2024, Free Speech For People intends to file multiple challenges against him. Before then, there are several legal questions that are far from resolved.

Also Check: Patriot Act Credit Card Processing

The Other Way To Remove The President: The 25th Amendment

Conviction in the Senate is one way to remove the president, but its not the only one. Another option lies with the 25th Amendment of the US Constitution, which would require action from the presidents own Cabinet. Earlier this year, Prokop explained how the 25th Amendment works:

Specifically, thats Section 4 of the 25th Amendment to the Constitution. The amendment states that if, for whatever reason, the vice president and a majority of sitting Cabinet secretaries decide that the president is unable to discharge the powers and duties of his office, they can simply put that down in writing and send it to two people the speaker of the House and the Senates president pro tempore.

Then the vice president would immediately become acting president, and take over all the presidents powers.

Let that sink in one vice president and any eight Cabinet officers can, theoretically, decide to knock the president out of power at any time.

If the president wants to dispute this move, he can, but then it would be up to Congress to settle the matter with a vote. A two-thirds majority in both houses would be necessary to keep the vice president in charge. If that threshold isnt reached, the president would regain his powers.

But the 25th Amendment has never been invoked to remove a sitting president. In other words, if Trump goes, it will probably be the result of the ballot box in 2020.

Our goal this month

Putting His 2022 Strategy To The Test

Trump has virtually no plans to pursue a real retirement anytime soon.

His aides say the former President views 2022 as an opportunity to further tighten his grip on the Republican Party by working to usher in a new class of America First officials at local, state and national levels. With this mission in mind, he is expected to maintain a steady stream of public appearances in the coming months.

Trump is slated to huddle with several of his political aides on January 26 to discuss where, when and how he can dominate the 2022 midterms as a so-called kingmaker inside the GOP. Two people familiar with the meeting said invitees range from Iowa-based operatives Eric Branstad and Alex Latchman, who joined Trumps Save America leadership PAC last summer, to his spokesman Taylor Budowich and GOP strategist Andy Surabian.

This is where he will decide where to go and how to spend his money, said one of the people briefed on the meeting.

He has all the right enemies when he focuses on Big Tech, establishment Democrats and Republicans, and the progressive left. Its when he starts talking about 2020 that he gets himself into trouble with voters that Republicans need, said a person close to Trump.

Also Check: How Many Democrats And Republicans Are Currently In The Senate

An Agenda With A Precedent

Indeed, President Reagans government is the problem theme had its heyday only three years after Democratic President Jimmy Carter had worked with Congress to enact the 1978 Civil Service Act, largely as an effort to professionalize government.

Devine, who ran personnel-related issues for Reagans transition team before becoming OPM director, recalls the scene in 1981 as one in which unions were threatening job actions, and either sitting with their arms folded or not showing up. Eventually, after federal air traffic controllers went on strike and Reagan fired them, those job actions stopped.

Most civil servants disliked Reagan. Devine, now a college professor, remembers an early speech on cutting bureaucracy he delivered to the American Society for Public Administration. It drew loud boos and multiple requests for printed copies. My dealings with the bureaucracy showed me their first priorities were maintaining the status quo in their agencies, and they were certainly not Republicans, he said.

The Reagan years, much like today, brought to Washington many appointees to run agencies charged with missions the appointees dont endorse. One such example is Anne Gorsuch Burford, Reagans Environmental Protection Agency administrator. In 1981, with Reagans blessing, she began implementing a 22 percent budget cut and slashed regulations. After a scandal surrounding the $1.6 billion hazardous waste superfund cleanup program, she was cited for contempt of Congress.