More Americans are calling for Trump’s impeachment than ever — here’s how that would play out

donald trump

A new poll by PRRI released Thursday reveals rising support for President Donald Trump’s impeachment, with four in 10 Americans hoping to see the president removed from office.

That number is larger than it was six months ago, according to the poll.

The poll followed widespread outrage for Trump’s response to violence in Charlottesville, Virginia, where an apparent white supremacist plowed a car into counter protesters, killing one woman.

Trump made multiple statements after the violence, at first blaming “many sides” Saturday, before issuing an explicit condemnation of white nationalists and neo-Nazis on Monday. During a Tuesday press conference, Trump reverted back to blaming both sides.

“You had a group on one side that was bad, and you had a group on the other side that was also very violent,” Trump said Tuesday. “Nobody wants to say that, but I’ll say it.”

In the wake of the press conference, #ImpeachTrump became a top trending topic on Twitter this week.

Here’s how impeachment would work:

What does it mean to be impeached?

An impeachment is essentially a formal indictment of a government official. Being impeached does not remove an official from office — rather, it means formal charges are being brought against them.

Two US presidents have been impeached: Bill Clinton and Andrew Johnson.

Clinton was impeached in December 1998 on charges of perjury and obstruction of justice — he was accused of lying under oath about his extramarital affair with White House intern Monica Lewinsky. He eventually was acquitted.

Johnson was impeached in 1868 on the primary charge of violating the Tenure of Office Act by removing Secretary of War Edwin McMasters Stanton and trying to replace him with Lorenzo Thomas. Johnson was also acquitted.

President Richard Nixon resigned before impeachment proceedings could begin.

What charges can the president be impeached on?

At the federal level, the president, vice president, and “all civil officers of the United States” can be impeached for “treason, bribery, or other high crimes and misdemeanors,” according to Article II of the US Constitution.

While all felonies are impeachable, the Supreme Court has never formally ruled on what constitutes an impeachable offense.

“After Watergate, many people said that an impeachable offense is whatever the House and Senate think it is,” Robert Deitz, a former top counsel for the National Security Agency and CIA, told Business Insider. “So I could imagine people saying: ‘Look, I don’t give a damn whether what [the president] did is felonious or not. But the comment or conduct itself has brought disgrace upon the White House, and therefore we think [the president] should be impeached for that.'”

Keith Whittington, an expert on presidential impeachment and a professor of politics at Princeton University, said: “It may be that he’s acting completely within his legal authority and yet still has abused his office in ways that might rise to the level of impeachable offenses.

“But that would have to be something that would need to be explored through congressional hearings,” he said.

US President Bill Clinton looks over to his wife Hillary January 28, during a memorial service on Capitol Hill for Lawton Chiles, a former senator who was governor of florida when he died in December. The impeachment trial of Clinton in the Senate is temporarily on hold as senators attempt to work out the details of deposing witnesses.

How does the impeachment process work?

In the case of a presidential impeachment, the onus is on Congress to bring a charge.

The House of Representatives drafts an article of impeachment, while the Senate holds the trial.

Any representative can initiate the presidential impeachment process.

The House Judiciary Committee typically reviews resolutions calling for the impeachment of a person, while the Rules Committee presides over resolutions calling for investigations into whether certain conduct is impeachable. It sends that resolution to the Judiciary Committee if it feels the conduct is objectionable.

The Judiciary Committee ultimately decides whether there are grounds for impeachment. If a majority of its members agree, the committee drafts a formal article of impeachment, which lays out a charge being brought against an official. That article is then brought and debated before the full House.

The House can consider each article individually or look at the resolution as a whole. If a simple majority votes to impeach based on any article or the full resolution, the impeachment goes to the Senate.

The Senate holds the trial for the charges. Typically, the vice president oversees Senate trials, but in a presidential impeachment, the chief justice of the Supreme Court presides.

The trial unfolds in the same way a criminal trial would in a courtroom. Representatives act as the prosecutors, while the official is defended by an attorney or attorneys of their choosing.

The Senate then deliberates in private, the way a jury does. For an official to be removed from office, two-thirds of senators must vote to convict them.

If that official is convicted, they are immediately removed from office and may be prohibited from holding office in the future. A conviction also opens the door for a possible a criminal prosecution.

SEE ALSO: POLL: 40% of Americans now say they want Trump impeached

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More Americans are calling for Trump’s impeachment than ever — here’s how that would play out syndicated from http://personalinjuryattorneyphiladelphia.blogspot.com/

Morning Docket: 08.18.17

* “It’s a terrible signal for this group to be holding their meeting at the Trump International Hotel and for a Supreme Court justice to legitimate it by attending. It just violates basic ethical principles about conflicts of interest.” Justice Neil Gorsuch is under fire for speaking at an upcoming event at the Trump International Hotel just two weeks before SCOTUS will hear arguments in the travel ban case. [New York Times]

* After 23 years, National Conference of Bar Examiners president Erica Moeser will be retiring from her job on August 21 and handing over the reins to Judith Gundersen, the NCBE’s director of test operations. If you recall, Moeser once infamously — and most likely, correctly — said that plummeting bar pass rates were due to “less able” test takers. Enjoy your retirement! [Law.com]

* With funding of almost $6 million from Bloomberg Philanthropies, NYU Law is launching the State Energy and Environmental Impact Center, in an effort to assist state attorneys general who “don’t begin to have the resources to meet these challenges” fight any of the Trump administration’s attempts to dismantle environmental protections and climate policies. [Washington Post]

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Non-Sequiturs: 08.17.17

* Which celebrity court appearances were the very best? [Jezebel]

* What’s in a name? The legal battle over the trademark for “Charlotte.” [The Fashion Law]

* Going crazy waiting for bar exam results? Some tips to get through the waiting game. [Excellence in Law School]

* A law prof asks: Should I retire? [TaxProf Blog]

* ICYMI, here’s a recap of yesterday’s #LegalCareerChat on Twitter, with our very own David Lat. [ABA Legal Career Central]

* The crimes in Charlottesville could be prosecuted as hate crimes. They won’t, but they could. [The Hill]

* The role of income inequality in criminal justice reform. [Harvard Magazine]

* A look at voting rights litigation under President Trump. [Take Care]
Non-Sequiturs: 08.17.17 syndicated from http://personalinjuryattorneyphiladelphia.blogspot.com/