The U.S. Senate is slowly gearing up to tackle a host of issues including President Biden’s new cabinet picks and a massive $1.9 trillion Covid-19 relief bill. Ahead of those things, however, seems to be the looming impeachment trial of former President Donald Trump. Sen. Mitch McConnell, now the minority leader, has proposed to push the trial off until February to give the former President time to prepare a defense and assemble a legal team. However, some Democrats fear that continuing to keep Trump front and center will start off Biden’s first term on the wrong foot and potentially delay some of the actions he promised swiftly for the American people.
McConnell has sent his plan over to Sen. Chuck Schumer, the new majority leader, perhaps as a bargaining chip to delay the impeachment trial in favor of taking up Biden’s cabinet picks first:
Senate Minority Leader Mitch McConnell is proposing to Majority Leader Chuck Schumer to delay the start of the impeachment trial of former President Trump until February, multiple sources familiar with the plan tell CBS News. McConnell confirmed his proposal in a statement later on Thursday.
This timeline would give impeachment managers and Mr. Trump’s defense at least a week to prepare. McConnell floated the proposal to GOP senators on a caucus conference call Thursday. McConnell, now in the minority, does not have final say on when a trial would be. Schumer would have to agree to the proposal. The House has yet to send the single article of impeachment for incitement of insurrection to the Senate. [Emphasis added]
The last sentence is noteworthy since the House moved at lightning speed, something which does not come naturally to Congress, to pass the article of impeachment only to now sit on it, largely for political reasons. House Speaker Nancy Pelosi took up the impeachment article as a chance to strike while the iron was hot. Given another week, some House Republicans who voted for impeachment may have cooled, or be persuaded to vote against it by colleagues. Rather than wait around to find out, Pelosi pushed the impeachment article as quickly as she could to make sure it was done and waiting for the Senate.
Beyond the actual House impeachment, there is a question of whether it’s constitutionally adherent to impeach a former President. After all, Donald Trump does not currently hold office. Is it a breach of constitutional protocol to impeach a former president? The short answer is that legal experts and scholars seem unable to agree on the answer:
Given the limited language in the Constitution on impeachment, legal experts disagree about whether the Senate can convict a former president. However, with Democrats holding slim control of the Senate, there’s no reason to think the trial won’t go forward.
Under the Constitution, the House can impeach a President for “treason, bribery or other high crimes and misdemeanors.” Then the Senate holds a trial and needs a two-thirds majority to convict and remove the President from office. Another vote would be necessary to bar the then ex-President from holding office again, but this vote would require only a simple majority.
The Constitution doesn’t specifically address convicting an ex-President but simply says “The President,” VP and all civil officers “shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
The answer might end up being decided by the Supreme Court in some fashion depending on how this all shakes out. If the Senate doesn’t vote to convict President Trump, then the issue could be moot. However, given the track record of 2020 and 2021 so far, it seems almost inevitable that we’ll be tackling this new question of a constitutional crisis yet again.
Perhaps the true reason for the Senate taking up the impeachment article, and perhaps voting to convict, would be one way of ensuring Donald Trump cannot run for president again in 2024. If the Senate votes to convict, a second vote can be taken to bar the individual from future federal office. Some Republicans in the Senate might be more interested in this part than even the question of inciting an insurrection on Jan. 6 at the Capitol building.
What about President Biden? Where does he stand on the issue? Some have compared the situation to Richard Nixon, who was pardoned by his predecessor Gerald Ford. Would Biden consider such a move? Ford and Nixon were from the same party, however, so the comparison is not apples to apples. It seems unlikely for Biden to make such a gesture, but the continuation of Trump’s impeachment in the news could overshadow the new president’s agenda:
Biden’s early days – and possibly weeks – in office will be competing for the attention of Congress as the Senate prepares to take on former President Donald Trump’s impeachment trial and whether to convict him of “incitement of insurrection” following the deadly attack on the Capitol earlier this month.
Democrats are especially eager to hit the ground running while they control – albeit with small majorities – both chambers of Congress for the next two years.
Biden wants the Senate to “bifurcate” its days – splitting time between installing his Cabinet picks and pursuing the impeachment trial. Senate rules stipulate that once the impeachment resolution is sent, the Senate will convene each afternoon with the exception of Sundays to complete the trial. Democrats believe they can accomplish both simultaneously, while some Republicans poured cold water on the Senate’s ability to do other work beyond the trial.
Schumer has pledged that were will be a trial and a vote, though he hasn’t spelled out a timeframe. Democrats want cabinet nominees confirmed quickly, but they also want to take up impeachment. Behind that, a massive Covid-19 relief bill will need to be crafted and debated.
Both sides are calling for “unity” but that lofty goal seems easier said than done. There is no short-term solution to soften the country’s anger. President Biden could act and shut down the impeachment process in the name of moving forward with the agenda of the American people. So far, Biden is deferring to Congress on the question. It remains to be seen how long his deference or patience will last if Trump’s impeachment becomes the theme of his first 100 days in office.
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