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Trump receives second impeachment trial… “Re-running blockade” vs. “Former impeachment is unconstitutional”

Former US President Donald Trump [AFP=연합뉴스]


The US Senate’s impeachment trial for former President Donald Trump begins on the 9th (local time). It is the first case in the history of the United States that the president is judged for impeachment after retirement.

Senate impeachment trial for former President Trump begins on the 9th
Attorneys, prosecution members, start the battle in writing on the 8th
“Retired former president, not subject to impeachment trial”
“Actual behavior while in office is subject to… the authority to prohibit public office”


As unprecedented, a fierce logical battle will be held over whether the retired former president can be the subject of an impeachment trial. On the 8th, one day before the judgment, former President Trump’s defense team and members of the House’s impeachment proceedings began a battle with written data submitted to the Senate.

In a 75-page pleading, Trump argued that the impeachment trial against the retired former president was unconstitutional, and the proposal for impeachment should be immediately dismissed.

The presidential impeachment prosecution system is intended to exclude the president who made a mistake while in office, but the logic is that the former President Trump has already stepped down and cannot be judged.

In addition, even if he is subject to an impeachment trial, Trump’s speech in front of supporters on the 6th insisted that it corresponds to freedom of expression under Article 1 of the Amendment. His remarks that day were political investigations, not incitement to civil war.

Some argue that the Republican Party should hold a trial for violations of the criminal law, not for impeachment if it had to convict former President Trump.

On the other hand, members of the House impeachment prosecution, who act as prosecutors in the impeachment trial, refuted that Trump’s remarks on the 6th of last month were subject to judgment as it was made during his tenure in office when he was obligated to defend the constitution. It also argued that the Senate had the power to convict former President Trump from taking office, but to prevent him from holding high-ranking offices again.

President Trump insisted that it was not a mere expression of political opinion, but was not a subject of protection of freedom of expression because it encouraged violence to stand up to the government and Congress.

The Democratic Party’s logic is that if you don’t commit a crime for retiring, if you succeed in inciting the public with false claims, you will be elected president, and if you fail, you will be able to leave a dangerous precedent that you do not have to pay any penalty.

Former President Trump made a speech on the 6th of last month, when Congress held a joint Senate-Household meeting to officially confirm Biden-elect’s victory, with the intention of going to Congress to block approval. At the time, Trump said, “We will go to Congress,” and “if we don’t fight with all our mortality, we will no longer have a country.”

Former President Trump was impeached in the House of Representatives on the 13th of last month, a week after the incident, on charges of encouraging violent occupation. All 222 Democratic Party members of the House of Representatives agreed, and 10 Republican Party members joined, and the impeachment bill was passed with 232 votes in favor and 197 opposition.

On the 26th of last month, when the impeachment bill was sent to the Senate, a vote was held by Rand Paul, who raised the question that “the judgment on impeachment of the retired president is unconstitutional,” and the vote was rejected with 55 members unconstitutional. Five Republican lawmakers, including Mitt Romney and Susan Collins, voted for rebellion.

However, the possibility of a conviction in the Senate is unlikely. In order to get more than two-thirds of the senators (67) in favor, all Democrats (50) must add 17 Republicans, but it is expected that the Republican exit vote will not reach this.

In January of last year, former President Trump was impeached in the Senate for a “Ukrainian scandal,” but was convicted of acquittal against the overwhelming opposition of the Republican senators who were the majority.

Washington = Correspondent Park Hyun-young [email protected]



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