#Motion to dismiss impeachment trial#

#Motion to dismiss impeachment trial#

7 Footnote Proceedings of the United States Senate in the Impeachment Trial of Donald John Trump, Part II, 117th Cong., S. They asserted that removal and disqualification are not “separate or alternative punishment” but instead that removal was a “condition precedent” to the “further penalty” of disqualification. The second impeachment trial of Donald Trump saw the President’s attorneys argue that the dual punishments of removal and disqualification are linked.

Senate practice since the Humphreys case has been to require a simple majority vote to disqualify an individual from holding future office, rather than the supermajority required by the Constitution’s text for removal, but it is unclear what justifies this result beyond historical practice. 7 ( “Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States.” ). 5 Footnote Eleanore Bushnell, Crimes, Follies, and Misfortunes: The Federal Impeachment Trials 123 (1992) see U.S. The Senate then voted unanimously to convict Judge Humphreys and voted separately to disqualify the Humphreys from holding office in the future. Tassel & Paul Finkelman, Impeachable Offenses: A Documentary History from 1787 to the Present 87–88, 114–16 (1999). Humphreys took a position as a judge in the Confederate government but did not resign his seat in the United States government. The Senate did not choose to disqualify an impeached individual from holding future office until the Civil War era. Archbald, thirty-nine yeas, thirty-five nays). 1447–48 (1913) (vote to disqualify Judge Robert W. 3 Footnote See 6 Clarence Cannon, Cannon’s Precedents of the House of Representatives of the United States § 512 (1936). Instead, the potential for a separate vote for disqualification has arisen through the historical practice of the Senate.

following an individual’s conviction in an impeachment trial, to bar an individual from holding office in the future, the text of the Constitution does not clearly indicate that a vote for disqualification from future office must be taken separately from the initial vote for conviction. While the Constitution authorizes the Senate, 1 Footnote For more on the background of the Constitution’s impeachment provisions, see ArtIII.S1.10.2.2 Historical Background on Good Behavior Clause ArtI.S3.C6.2 Historical Background on Impeachment Trials ArtII.S4.4.2 Historical Background on Impeachable Offenses. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

ArtI.S3.C7.2 Doctrine on Impeachment Judgments