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What are the political trial charges?

2019-12-11T20:38:08.255Z


The Constitution does not include the term “political trial charges,” but an analysis of the political trial process of the November 2019 Congress Investigation Service explained…


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(CNN) - The process for dealing with a president or other elected federal official who abuses his position is detailed in the United States Constitution.

In Article I of the Constitution, it says that the Chamber will have the exclusive power of political trial and the Senate will have the exclusive power to judge judicial charges.

But the process has evolved over the years. The Constitution does not include the term “political trial charges,” but an analysis of the political trial process of the November 2019 Congress Investigation Service explains what they are.

"The House of Representatives dismisses an individual when the majority agrees to a resolution of the House that contains explanations of the charges," says the report. "The explanations in the resolution are known as 'charges of political trial.'"

  • The charges of political trial against President Trump reveal: what does it mean and what is next?
  • Look: Step by step: know what a political trial process in the United States consists of

Once the political trial charges are approved in the House, the Senate takes those accusations and conducts a trial in which it considers whether it removes the president from office. The Constitution mandates that the president of the Supreme Court of Justice preside.

A president may be prosecuted and dismissed for "treason, bribery or other serious crimes and misdemeanors," according to article II of the Constitution. There is no hard and detailed definition of this, so Congress has the last word.

The Democrats initially prepared two charges of political trial against Trump, for abuse of power and obstruction of Congress. They will discuss these charges and then proceed to a vote before their vacation break.

Then they will vote each of the charges separately, first in the Judicial Commission of the Chamber and, if the majority approves them there, in the plenary of the Chamber. A simple majority is needed to submit an article of political judgment to the Senate. There, a much higher threshold, a supermajority of 2/3, or 67 senators, is required to remove a president from office.

Charges of political trial against Bill Clinton

In the case of President Bill Clinton, the Judicial Commission of the House of Representatives prepared four charges of political trial in 1998. But only two, for perjury and obstruction of justice, were referred by the House to the Senate for trial. Multiple Republicans broke ranks to oppose the other two, who accused perjury in a statement and abused power in their efforts to cover up their relationship with Monica Lewinsky. Several Republicans, including Senator Susan Collins of Maine, who is still a senator, sided with Clinton to allow him to remain in office.

Charges of political trial against Richard Nixon

President Richard Nixon resigned in 1974 before the House could vote to accuse him, but after the House Judicial Commission, with the help of six Republicans on the committee, approved three charges of political trial: obstruct justice, violate the rights of citizens and obstruct the power of political judgment of Congress.

This last article is similar to the obstruction charge that Democrats in Congress Democrats are prepared against Trump.

Charges of political trial against Andrew Johnson

The case of President Andrew Johnson in 1868 was different. Congress disagreed with him on reconstruction and had passed a law (the Office Tenure Law) in an effort to essentially restrict Johnson's power. He was accused of ignoring the law they had just passed.

The Chamber prepared and approved 11 charges of political trial against Johnson and most of them had to do with the Office Tenure Law. The trial lasted for months in the Senate. A majority supported the dismissal of his office, but the senators did not reach a necessary 2/3 vote after several Republicans sided with him.

So Johnson was acquitted by the Senate first on article 11 and then, according to the House historian, on two more charges. The Senate finally abandoned the trial.

Political judgment

Source: cnnespanol

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