How might Congress punish President Trump?
In the aftermath of the Capitol siege, lawmakers are weighing the options.
WASHINGTON — Following the Capitol siege Wednesday, several scenarios are emerging as Congress considers punishing President Trump for his role in inciting the insurrection. Here are some possibilities.
Trump resigns
Most Democrats and some Republicans want Trump to resign immediately to limit the potential damage he can do, though he has just over a week left in his term.
In 1974, a trio of congressional Republican leaders helped persuade President Nixon to resign by telling him he faced certain impeachment and removal from office; the House had already begun proceedings as a result of the Watergate scandal and its coverup. As of now, Trump shows no inclination to resign, and top Republicans show no sign of pushing him to do so.
Invoking the 25th Amendment
The Constitution’s 25th Amendment provides for the president to be relieved of his duties if the vice president and a majority of the Cabinet declare the president “unable to discharge the powers and duties of his office.” It is a potentially time- consuming process that would be difficult to complete before Presidentelect Joe Biden takes office Jan. 20.
Vice President Mike Pence and the Cabinet have not shown public support for such a move. House Republicans on Monday blocked a vote on a measure calling on Pence to invoke the amendment.
Impeachment
If Trump does not resign and Pence declines to invoke the 25th Amendment, House Democrats are preparing to vote midweek on at least one article of impeachment citing Trump for “incitement of insurrection.” If the article is approved by a majority, as would be likely in the Democrat- controlled House, it would mark the first time a president has been impeached twice.
Once the Senate receives the article, it must set aside all other business to take up the impeachment resolution and hold a trial. That is not likely to happen before Biden is inaugurated because the Senate is in recess until Jan. 19 — the eve of Biden’s inauguration — and Senate Majority Leader Mitch McConnell ( R- Ky.) has said he will not call the members back before then.
To avoid consuming the opening weeks of the Biden administration with a divisive impeachment trial, some Democrats suggest they could postpone sending the articles to the Senate until after Biden’s first 100 days in office, to allow time for Congress to consider the new president’s Cabinet nominees and top policy priorities. Biden on Monday suggested that the Senate could “bifurcate” its days, dividing them between work on impeachment and his administration’s business.
Censure
The House and Senate could approve a resolution with a lesser punishment — a formal censure of Trump for inciting insurrection. Although still a long shot in the Senate, it might have a better chance of success than an impeachment trial, which would require a twothirds vote of the Senate to convict Trump — requiring support from up to 17 Republicans, which is unlikely. A censure resolution could move without delay and be passed with just 60 votes; the odds of finding 10 Republicans willing to punish Trump in this way are considered better.
Invoking the 14th Amendment
Congress could pass a nonbinding resolution holding that Trump should be subject to the 14th Amendment, a post- Civil War addition to the Constitution that holds that a person who has engaged in “insurrection or rebellion” against the U. S. is disqualified from holding state or federal office.
However, such a resolution would not preclude Trump from seeking or holding office, because without his signature, a measure does not have the force of law. Yet advocates believe it might provide legal support for lawsuits challenging Trump’s candidacy if he decides to run for president in 2024, as he has hinted.
Doing nothing
Congress could take no action to punish Trump before the end of his term and leave it to the legal system to mete out justice in the courts. But that is unlikely; most Democrats would see it as a dereliction of their duty. They aim to hold Trump accountable, even in his waning days in office, for fomenting an attack on the Capitol — one aimed at preventing Congress from doing its constitutional duty of ratifying the results of the presidential election and one that resulted in five deaths.