Dear Dr. XXXXXXXX,
Thank you for taking the time to contact me about our nation’s impeachment process. It is important for me to hear from folks in Iowa on matters such as this.
According to Article II of the Constitution, the President, Vice President, and other federal officers can be removed from office if convicted of “treason, bribery, or other high crimes and misdemeanors.” As you know, when articles of impeachment are first offered, the House Judiciary Committee decides whether or not to proceed with the impeachment process. If the Committee agrees to move forward, it will send a resolution stating why impeachment is necessary to the full House of Representatives. The House will then vote on the articles of impeachment and a simple majority vote would be necessary to adopt the articles and impeach the President.
Once impeached by the House, the President’s case then goes before the Senate for a trial where the House trial managers prosecute the case. According to the Constitution, the Chief Justice of the Supreme Court presides over the trial and the Senate acts as the jury. A two-thirds vote is required in the Senate in order to convict the President and the decision on whether to convict on each of the articles must be made separately.
On January 11, 2021, Speaker Pelosi presented the Article of Impeachment to the House floor. On January 13, 2021, the House of Representatives voted to impeach President Trump by a vote of 232 - 197. On January 25, 2021, Speaker Pelosi sent the Article of Impeachment to the Senate for consideration. Currently, the Senate is set to begin its impeachment proceedings on February 9, 2021. However, the Chief Justice is not slated to preside over the trial -- instead the Democratic President Pro Tempore, Senator Patrick Leahy (D-VT) will preside.
Impeachment is an important constitutional tool. When we have a president that demonstrates he or she is unfit to continue holding office, it provides Congress a pathway to remove the president, to preserve the safety and security of our nation. Over the coming weeks, I will have the opportunity to listen to the arguments for and against convicting a former president—and as always, I will hear from my fellow Iowans, like you, on the matter.
My concern right now is that the president is no longer in office. As such, Congress would be opening itself to a dangerous standard of using impeachment as a tool for political revenge against a private citizen, and the only remedy at this point is to strip the convicted of their ability to run for future office – a move that would undoubtedly strip millions of voters of their ability to choose a candidate in the next election.
As I’ve said, President Trump exhibited poor leadership and holds some responsibility for the anarchy that ensued at the heart of our democracy. The individuals who lawlessly stormed the Capitol, murdered police, and attempted to prevent Congress from doing its job, should be held accountable to the full extent of the law.
I will be sure to keep your views in mind as the impeachment process come before the Senate. Feel free to contact my office with any further information, as I always enjoy hearing from Iowans.
Sincerely,
Joni K. Ernst
United States Senator
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