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Kablooie

(18,634 posts)
Sat Oct 12, 2019, 10:24 PM Oct 2019

Members present!!

There is some speculation that Trump could be removed from office with no Republicans voting against him due to this small detail in the Constitution:

"When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present."


The key is "members present" Conviction occurs if two thirds of of the Senators who show up to the hearing vote to impeach. So, if you're a Republican who secretly hates Trump, but don't want to vote, you can just stay home.

There are 53 Republicans and 47 Democrats in the Senate. If all Democrats vote to remove Trump from Office (47), and no Republicans vote to remove Trump...but 30 of the Republicans stay home, that's a total of 70 Senators present (47 Democrats and 23 Republicans). Two thirds of 70 is 47. He's out of office!
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lapfog_1

(29,205 posts)
1. So there would have to be a handful of Republicans there
Sat Oct 12, 2019, 10:31 PM
Oct 2019

to vote on the quorum call... and then either not vote or vote no on conviction and removal.

But the MAGAts aren't going to let any Repuke not vote to acquit. They are stupid, but not that stupid.

CaptainTruth

(6,594 posts)
4. 51 would be a quorum, & would require just 34 votes to convict & remove.
Sat Oct 12, 2019, 10:39 PM
Oct 2019

Not likely, but Constitutional.

CaptainTruth

(6,594 posts)
2. Yep. I've been pointing this out for months, including several times here on DU.
Sat Oct 12, 2019, 10:35 PM
Oct 2019

I'm amazed how many folks in the media, including those who should know better, keep saying it takes "67 votes in the Senate" when that is NOT what the Constitution says.

Here's a good recent article on it:

The Impeachment Loophole No One’s Talking About

Trump's impeachment doesn't require 20 Republicans, says Laurence Tribe. It could happen with zero.

[link:https://www.washingtonian.com/2019/10/10/the-impeachment-loophole-no-ones-talking-about/|]

Wounded Bear

(58,666 posts)
3. More likely, they show up and vote present...
Sat Oct 12, 2019, 10:38 PM
Oct 2019

that way, they don't vote to convict, but they prevent removal.

They can go home and say "I didn't vote to convict!"

Trump gets his "win."

And we're screwed anyway.

Guess I'm feeling a bit cynical tonight.

sop

(10,192 posts)
5. One Republican noted Trump would be convicted in the Senate if the votes were anonymous
Sat Oct 12, 2019, 11:04 PM
Oct 2019

The GOP wants to be rid of Trump in the worst way, if only to protect their "brand," but they don't want to lose his followers' votes come election time. Perhaps they could all have serious health emergencies on the day the Senate votes to convict?

JDC

(10,129 posts)
6. I will not hang one shred of hope or dependence on any Republican
Sat Oct 12, 2019, 11:08 PM
Oct 2019

they are all cowards down to the last man or woman.

aeromanKC

(3,324 posts)
9. Might require a "deal" for Pence
Sun Oct 13, 2019, 01:27 AM
Oct 2019

Keep your hands off Pence and we'll do it. Might be the GOP's best hopes for 2020. Pence/Halley for example. Especially after this past week, I think Trump is toxic in the General for the GOP.

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