HISTORY tells us that the United States (US) Congress has never removed a president through impeachment. Two US presidents - Andrew Johnson and Bill Clinton - were previously impeached by the House of Representatives, but both were acquitted in the Senate.
US President Donald Trump’s impeachment has undoubtedly rocked Uncle Sam and ignited public debate on both sides of the political divide. This is the third time in American history that a sitting president is impeached (facing prosecution) in the Senate.
The impeachment proceeding began last Thursday (Jan 16) with Chief Justice John Roberts swearing in the senators, who pledged “to deliver impartial justice”. Two charges of abuse of power and obstruction of Congress were formally read out.
Shortly before the senators took their oath, the Government Accountability Office had formally determined that Trump’s administration had violated the law when it withheld aid to Ukraine.
The Democrats (who held the majority in the House of Representatives) alleged that Trump (a Republican) had “improperly witheld” aid to pressure Kiev to launch investigations that would held him politically in the forthcoming 2020 election.
Trump has denied any wrongdoing. A few minutes after noon on the same day, “House managers” (who will assume the role of prosecutors during the trial), arrived at the Senate. They carried large blue folders containing their own copy of the articles of impeachment and the resolution passed on Wednesday authorizing them as managers.
After the sergeant at arms warned senators to keep quiet “on pain of imprisonment”, the lead manager (Adam Schiff, a California Democrat) began reading the two articles of impeachment. After he finished reading them, Schiff said “President Trump thus warrants impeachment and trial, removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the United States.”
The first article of impeachment relate to Trump’s action in applying pressure on Ukraine to investigate former Vice President Joe Biden (a leading candidate for the 2020 Democratic presidential nomination) as well as withholding US$400 million in aid to help Kiev combat Russian aggression.
The second article of impeachment accuses Trump of impeding Congress’s investigation by preventing witnesses from testifying and defying subpoenas for documentary evidence.
Shortly after 2 p.m, Roberts was escorted into the Senate. He then addressed the senators - “Senators, I attend the Senate in conformity with your notice for the purpose of joining with you for the trial of the President of the United States. I am now prepared to take the oath.”
After he has been formally been sworn in, the Chief Justice then administered an oath to senators, who will act as the jury. “Do you solemnly swear that in all things appertaining to the trial of the impeachment of Donald John Trump, president of United States, now pending, you will do impartial justice according to the Constitution and laws, so help you God?” he asked the senators.
“I do,” the senators said. After the swearing-in procedure was completed, the Senate formally notified the White House of the pending trial and summoned President Trump, who has until Saturday evening (January 18) to reply. Opening arguments in the Trump trial well begin on today (Tuesday, January 21st) when the Senate reconvenes after the holiday weekend.
The Senate will then spend a few days of “housekeeping” to set the rules and procedures for the trial before issuing a summons for Trump to enter a plea and appear at the trial. All the senators are required to be present and seated at their assigned seats throughout the trial.
They will not be allowed to talk, and any discussions and deliberations among them will be held in closed session (no press will be allowed). The rest of the trial is open to the media. White House officials predict the trial will last two to six weeks. President Bill Clinton’s impeachment trial took five weeks.
The length of this forthcoming trial will depend on how many witnesses (if any) are called to testify. What should be remembered is that the Senate consists of 53 Republicans, 45 Democrats, and two independents who align themselves with Democrats. For Trump to be convicted, two-thirds of the Senate (i.e. 67 members) must vote to convict him.
In simple language, unless the Democrats get substantial support from the Republican senators, it is unlikely for Trump to be successfully impeached and removed from office. After the Thursday ceremony at the Senate was over, Trump was quoted by the New York Times as saying that the trial would not last long.
“I think it should go very quickly. It’s a hoax. Everybody knows that,” he said.
The writer, a former federal counsel at the Attorney-General’s Chambers, is deputy chairman of the Kuala Lumpur Foundation to Criminalise War
The views expressed in this article are the author’s own and do not necessarily reflect those of the New Straits Times