What exactly is an impeachment?
Give a couple of examples.
- curtisports2Lv 71 month ago
A formal accusation or indictment of an officeholder. Then there is a trial by the body designated by the organization. If convicted, the accused is removed from office. It is procedural to that organizational body, it is not a criminal proceeding.
For the office of President of the United States, the indicting body is the House of Representatives. In the current thing you are seeing, there is only an investigation. There is not yet an indictment. If the House votes to indict, then there will be a trial before the US Senate, which will vote to convict or acquit. Upon conviction, the president is removed from office and succeeded by the elected vice-president. It is not a criminal conviction, the president does not go to prison. A president can later be charged with criminal offenses if there are any and those will be addressed in the customary manner.
Impeachment, as has been seen in US History, has always been political, a way for the party out of power to attempt to circumvent the election process, to deny the people to exercise their power to remove a president at the ballot box in the next election. The impeachment of Andrew Johnson was political. Congress invented a law that was later ruled to have been unconstitutional to goad Johnson into breaking it as a means to remove him. The impeachment of William Clinton was political. Yes, Clinton lied under oath in regard to events that occurred while he was governor of Arkansas, but it was based on a personal relationship. Past presidents committed far worse in the way of personal relationships, sometimes with the full knowledge of the press, and a blind eye was turned. Those were different times. And the party that impeached Clinton failed and paid a political price for it.
Again we are seeing a political impeachment investigation. The Democrat party began looking for 'crimes' even before Trump was elected and has not stopped in their efforts to try to invent one. Instead of just letting the people decide.
Well, really, their intent of this impeachment is to try to poison the waters as much as possible ahead next year's election because they know the Senate will not convict, no matter how many times the leftist media trots out their 'legal experts' to try to brainwash the public. What remains to be seen is if the Democrats will pay a political price for this.
In the case of Richard Nixon, there was never an impeachment, but it was a certainty. Enough Republican Senators convinced him behind the scenes that he must resign. Nixon would have been impeached, and conviction and removal, while we will never know if that would have happened, was very likely.
In the current case, the left and its media keep hoping that if they keep misrepresenting the truth that they will create enough pressure on Republicans to get them to convince Trump to resign. That will not happen.
Here is one example of the misrepresenting going on by Democrats and the silence from the media, whose job it is to correct thrm.
Just this morning, some Democrat in the hearings made the statement that Trump is on record as saying that Article 2 gives him the power to do 'anything he wants' as is misrepresenting this recording, which did take place, as applying to the Ukraine situation.
Trump did utter those words, but they were taken COMPLETELY out of context, and context is CRUCIAL. Trump said those words in an interview with George Stephanopoulos. They were discussing Robert Mueller and his special investigation. The president, with the powers given to him as head of the Executive Branch under Article 2, has the power to fire the FBI director, to fire special investigators. Trump was referring to that, specifically, that Article 2 gave him the power to do anything he wanted in that regard, referring to Mueller. And he did not fire Mueller, did he?
The last I know, no one has correct this misrepresentation by whatever Democrat said that this morning.
- RPLv 72 months ago
In legal terms, impeachment is similar to an indictment which means someone has been formally charged with some kind of offense or wrong doing. Another way to think of it is as an accusation, meaning it is the formal accusation that you did something you shouldn't have. After being impeached, or accused, then the process involves a trial to determine if you are guilty of the charge (accusation) leveled against you.
- busterwasmycatLv 72 months ago
It is a formal charge of wrongdoing against a person holding public office. In the regular business world, it would simply be called "firing with cause". The word used in the US Constitution for "firing with cause" is impeachment. Impeach is a word that simply means "accuse of doing wrong things" (doing things you ought not do and which are prohibited by some rules) in any use, and it means the same thing in genral use as it does when used by the Constitution. It is just that the rules being applied are those as defined in the Constitution.
So, when a holder of federal public office is seen to have done things that he is not allowed to do by the rules, he(she) can be charged with that, and the term is just impeachment (charging the person that he should be fired for cause). The House does the charging, but there is a judgement, a trial, that is done by the Senate (that is the rules that the Constitution made for how to do it).
In a business setting, there is a "trial" of sorts too, although usually it is a meeting with the bosses and Human Resources. You are given the chance to argue that you did not do wrong, even in business situations (not just in criminal courts). The same is true for government. You cannot be fired outside of the terms of the work contract simply because you are disliked. You have to have done some serious wrongs, unacceptable things for a person doing your job. Although usually the unacceptable things are also illegal (illegal acts are generally never acceptable), they do not have to be criminal to still be unacceptable. Just because it is not illegal does not mean you can do it if the job has rules that say you cannot.
There have been several US federal judges who have been convicted in an impeachment trial and dismissed from office. One Supreme Court justice was impeached but acquitted (not found guilty). Two presidents (Andrew Johnsone and Bill Clinton) have been impeached and both were acquitted. Richard Nixon resigned before he was impeached.
- LaurieLv 72 months ago
In legal terms, it is like an indictment. Filing an Article of Impeachment means that the impeaching group (the House of Representatives, similar to a grand jury) has determined that there is enough evidence for the court to require the offender to stand trial. So, “being impeached” means that there is evidence of wrongdoing... but it is not an “guilty or not guilty” verdict.
If articles of impeachment are filed, the case is then referred to the court (the Senate, similar to the jury) for trial and judgment.
Just as in a regular trial, the jury may or may not find the individual guilty. If the individual is found guilty, he/she is removed from office. (This is rare. ) if not, the individual continues in office.. but, still, he/she was “impeached” - just not removed from office.
- How do you think about the answers? You can sign in to vote the answer.
- jehenLv 72 months ago
As per the constitution impeachment is an indictment of charges against an office holder for the purpose of removing from office. The indictment (impeachment) is not sufficient for removal, there must be a trial and a finding of guilty on the charges to remove the office holder. 2 Presidents have been impeached. (Clinton and Andrew Johnson) None have been removed. It is certain that the house of representatives will impeach Trump, that is bring forth charges of high crimes and misdemeanors on articles of impeachment. And it is just as certain that the Senate, which has the duty to conduct a trial on the impeachment charges, will not convict and remove Trump from office.
- Spock (rhp)Lv 72 months ago
procedure for removing an officeholder when there is no recall method [recall begins with the voters, impeachment with the legislative body]