How Biden Could Persuade GOP Senators to Convict an Impeached Donald Trump

It would keep him from ever running for office again.

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A sitting president encouraged an attack on our seat of government—that’s what impeachment is for. It doesn’t matter if Donald Trump’s speech was protected by the First Amendment. Impeachment is a political standard. It is what a majority of the House of Representatives say it is. And there can be little doubt that our Founders created the impeachment process—a high bar that requires two-thirds of the Senate to agree and bars anyone convicted from holding public office again—for any president who would flirt with tyranny. 

The Constitution states that the only punishment that impeachment can bring is removal from office and “disqualification to hold and enjoy any Office of honor.” The Senate can choose to impose one or both of those judgments. And despite some precedent at the turn of the last century in which the Senate held that they needed only a majority vote to bar future office holding, the Constitution makes no distinction—both require two thirds. Impeachment in the House followed by conviction in the Senate could, therefore, bar Donald Trump from ever holding office again. He could not run for president in 2024 or even a Florida congressional seat in 2026. And that power is given solely to Congress by the Constitution; no court could reverse it. 

The Senate currently has 99 members, which means the current bar for conviction is 66 members. Democrats hold 48 votes until the two members from Georgia are sworn in, which may not happen until after Inauguration Day. 

The first question, then, is whether Democrats can wait until Trump has left office to convict him—not for the purpose of removing him from office, but to disqualify him from holding office again. 

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  1. Avatar photo
    Joyce Stoer Cordi

    Sarah, i am a fan. I even agree with several of your arguments about divisiveness etc.. But there can be NO PARDON. For one simple reason: The “protesters” heard Trump denounce Pence and followed his command to “March to the Capitol with me” and to “fight”. And — as a DIRECT RESULT
    5 people are dead. Someone killed a Capitol Hill Police Officer following Trump’s orders. If GOP Senators cannot see that, then they should let their constituents know that — so they can be replaced with some one who has an ounce of moral fiber!

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    Steven Woodward

    Interesting idea but I believe still a political liability for Biden and for any GOP Senators with numerous pro-Trump constituencies. Remember, the pardon cost Gerald Ford the 1976 election. I keep thinking that McConnell should rally the GOP Senators and work a deal with VP Pence . . . demand Trump's immediate resignation with a promise of a pardon from Pence when he becomes President. I doubt Mike Pence has any further political ambitions, but if he does, his pardoning of Trump would only help him with Trump supporters and other registered Republicans who want Trump gone would probably be understanding and forgiving of the decision. I think that would also save the political skins of any Senators or House members participating in the demand for resignation because it would be on Trump . . . he'd be resigning, they wouldn't be impeaching. In any event, I don't think it's good for the country to extend this "what to do about DJT" well into 2021. The Democrats either need to initiate impeachment NOW or drop it. The Republicans need to take action NOW or drop it. What about censure at the very least?

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  3. Michael E

    Um, how about NO. For the very simple reason that we have absolutely no idea what "all crimes prior to 1/20/21" includes, but all indications are that there was a LOT of criming going on. This is an awful proposal. Nor is there any reason to make deals here. Trump is gone either way in 9 days, and he has virtually no chance to be the nominee in 2024 or to win a general election if by some miracle he was nominated again. You don't think the president inciting a mob to attack the white house warrants impeachment, congressman? Great, you get to vote against so history can record your position on the matter. Finally, numerous state AG's are almost certainly going to prosecute Trump & Co anyway, so a Biden pardon wouldn't even accomplish your stated goal of 'unity'. And you think Trump would "delight in the attention" of being a defendant at his own criminal trial, you are sorely mistaken. No deal.

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  4. Lylegruby

    I completely and utterly disagree with this. For one, everyone should have to deal with the ramifications of their actions, even rich kids from New York who become president. For another, it will damage Biden irredeemably.

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    Kris LeBoutillier

    Another outcome. Trump resigns and the deal he makes with Pence is: you become president for a week, pardon me, and we all move on. Pence's future political aspirations may be already in the tank, so the pardon wouldn't hurt him much and he could do it under the cause of, 'To save the nation a never ending battle.' Pence does get to taste the office for a week and officially go down in history as 46. Obviously this will never happen, but while we are working in theoretical politics like the piece here, this outcome would work as well. Throw in the impeachment for fun.

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    Stephanie

    Another scenario I read about (think it was Politico Playbook) is a deal for Trump where in return for him resigning ASAP, Pence will issue a pardon. That will be a better look for Trump than pardoning himself. And he'll have to agree to never run for office again.

    There was also mention of getting buy-in from Andrew Cuomo (pardon him prospectively for New York State criminal activities currently being investigated by the Manhattan DA).

    It would take him out of a position where he has more power than he is able to wield responsibly, and he won't really go quietly or stop lying about winning the election. But I would certainly feel safer and I think a lot of other people would too.

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    Michael and Melanie Yancey

    I like this idea, but its never gonna happen. If the past four years has taught us anything, its that the GOP of today will never break from Trump enough for any meaningful fracture to occur. Yes, even after a mob of his supporters rioted at the Capitol.

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    Paul Britton

    I am simply not convinced that the scenario proposed here is at all likely to come to pass. I hope the Republican senators see their way to doing the right thing anyway.

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  9. Jeff

    What’s in it for Biden?

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  10. Avatar photo
    Sean

    I like it, though it is less than ideal. Then again, that's what democracy and compromise are about. If a highly divided nation is to move on, this move disarms both sides. If I were Biden, I'd go for it.

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