DIFFERING LEGAL PERSPECTIVES
India Legal|January 10, 2022
A debate has started whether the impeachment is a legal, political or political-legal trial. Will it be unconstitutional to impeach a POTUS who has left office? Will it ultimately have to be decided by SCOTUS?
PROF UPENDRA BAXI
DIFFERING LEGAL PERSPECTIVES

THE term of the most mercurial and divisive President of the United States (POTUS), Donald J Trump, is now hanging by a thread in the Senate even when it is almost universally agreed that whatsoever be the scope of his constitutional duties, “inciting insurrection” is certainly not one of them.

The single paragraph indictment, agreed to a majority of the House of Representatives of the US Congress, is now before the Senate and slated to be heard a day after the installation of Joe Biden as the 46th POTUS. President Trump unsuccessfully maintained that the election was vitiated by fraud, but this plea was not judicially accepted, even by SCOTUS (Supreme Court of United States). However, his argument seems to have been accepted by his party, with 197 Republic cans voting against the motion and ten Republicans and 228 Democrats voting for impeachment.

The assorted but nationwide group of loyal followers who stormed the Congress, included many with violent intent and method, with some being the actual embodiments of such violence that resulted in many fatalities and invasion and destruction of some state property. What is more, they continue to threaten in the near future all those who do not subscribe to the accusation of stolen election”. The Senate will now have to hold a trial” which proves or disproves by a two-thirds majority this indictment by the House.

This a peculiarly poignant context has called for an unusual course of action and historic the second impeachment of the same POTUS. The first impeachment was voted down; the Senate acquitted Trump on February 5, 2020, of both the charges: Senators voted 52-48 to acquit him on abuse of power, and 53-47 for obstruction of the Congress. Senator Mitt Romney was the only Republican to vote to convict him on count of abuse of power.

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