What 2nd ouster bid means for president
The impeachment effort that congressional Democrats are mounting against President Trump — as he enters his final 10 days in office — is one for the record books.
If the Democratic-controlled House succeeds in an impeachment vote, which could occur as soon as Wednesday, Trump would become the only twice-impeached president in US history — but would face few other repercussions, experts say.
The Constitution provides for only two potential punishments if an impeached president is convicted by the Senate: removal from office and disqualification from future “office of honor, trust or profit under the United States,” according to Article I, Section 3.
“An impeachment conviction that barred him from ever running again would be the least this democracy could do,” a Senate insider told The Post.
But even if the House votes instantly, without performing any investigation or allowing any defense, time is against the possibility of Senate conviction because the Republican-led chamber would be unlikely to act before President-elect Joe Biden is sworn in at noon on Jan. 20.
“You can’t impeach non sitting public officials,” said former NYU Law professor Peter Rajsingh.
No president has ever been removed from office by a Senate conviction, so legal scholars disagree on whether an ousted chief executive could lose his pension or Secret Service protection.
Finally, some House Democrats contend that their vote would be enough to block Trump’s power to pardon the supporters who mobbed the Capitol this week. But legal experts disagree.
“So long as Donald Trump is president, under the Constitution he has the power to issue pardons,” said Cornell law professor William Jacobson.