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Girard442

(6,082 posts)
4. If the House impeaches and the Senate convicts, there's no appeal process.
Tue Feb 13, 2018, 02:22 PM
Feb 2018

They could impeach and convict a POTUS for, say, having really bad taste in music if they wanted to.

There are a lot of good reasons not to do something like that, but they could.

marylandblue

(12,344 posts)
5. Misdemeanors literally means acting with a nasty demeanor
Tue Feb 13, 2018, 02:27 PM
Feb 2018

Which include dotards, jerks, assholes, and fuckwads so yes Trump can be impeached for all of that.

unblock

(52,289 posts)
7. technically it's an open question, but in practice anything is grounds for impeachment.
Tue Feb 13, 2018, 02:29 PM
Feb 2018

if a majority of the house votes to impeach, he's impeached.
and then, if 2/3rds of the senate vote to remote, he's removed.

it's never come up, and certainly it's never been challenged, but theoretically an impeached president could appeal to the supreme court.

even further into theory-land, the supreme court could decide that the house can impeach only for "high crimes and misdemeanors", and possibly to then deem that the house didn't identify anything that qualifies as a "high crime" or "misdemeanor" and therefore overturn the impeachment.

however, that whole sequence is wildly unlikely to ever happen. just to be safe, the house could identify *something* that is indisputably a high crime or misdemeanor, even if it's speculative or false. the supreme court can only decide if the *accusation* is a high crime or misdemeanor, they can't decide whether or not it's true -- that's plainly the job of the senate.


so, in practice, the house can impeach and the senate can remove over any excuse or non-excuse they care to come up with.

The Velveteen Ocelot

(115,810 posts)
8. Impeachment is a political act, not a legal one.
Tue Feb 13, 2018, 03:09 PM
Feb 2018

"High crimes and misdemeanors" are whatever the House say they are and whatever the Senate will convict for. However, being a "dotard" implies mental incapacity, for which the more appropriate remedy is probably the 25th Amendment.

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