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Recently, President Trump has used his power to discredit judges he disagrees with. Specifically, he called on Congress to impeach the judge who is at the center of a legal fight regarding the deportation of hundreds of immigrants to El Salvador.
Law professor Stephen Vladeck from the University of Texas says, "The Constitution actually says nothing about the process the House is supposed to follow when it comes to impeachment inquiries, other than that it eventually has to approve articles of impeachment before sending the matter to the Senate."
In the Senate, a trial is held with the Chief Justice of the US Supreme Court, currently, Chief Justice John Roberts, presiding as the judge.
President Trump posted on his social media site, TruthSocial, about impeaching US District Judge James Boasberg.
If the official in question is not convicted, he or she will remain impeached but will be considered acquitted and not removed from office.
Only one Supreme Court justice has ever been impeached and it was Associate Justice Samuel Chase in 1804 for arbitrary and oppressive conduct of trials. He was acquitted in March 1805 after a Senate trial.
Impeachment should only be used as a tool to remove officials who are guilty of severe misconduct and not as retaliation.
Sources: (Britannica) (Cambridge University Press and Assessment) (NPR) (Time)
See also: Agencies terminate telework and remote work agreements as per Donald Trump’s executive order
Being impeached in the US is normally associated with serious misconduct by the president. However, it can impact a wide range of officials including judges, cabinet members, and Supreme Court justices. Recent controversy with Donald Trump and his calls for judicial impeachment have brought this fact into the spotlight. In this gallery, you'll find out more about what impeachment is, how it is conducted in the US, and much more.
Curious about impeachment and its impact? Click through now.
Chief Justice John Roberts has warned before of judges facing threats and even intimidation from sitting officials and that they should be "vigorously opposed."
Within the past 250 years, congress has only impeached 15 federal judges, and the Senate convicted eight, according to the Administrative Office of US Courts.
If the House approves the articles of impeachment or the charges of wrongdoing in a majority vote, the official goes to trial in the Senate, which has the power to try all impeachments.
Only Congress has the authority to remove a federal judge, and the process is similar to how Congress can remove a President.
Despite the judge’s order, administration officials let the deportations continue in defiance of the court. Flights carrying 261 people from the US landed in El Salvador on March 15, where the Salvadorian government says they have been imprisoned.
If an official is convicted by two-thirds of the senators present for the trial, they will be removed from office.
In the US, impeachment is the act of making a formal statement against a public official that they might be guilty of a serious offense regarding their job.
According to the US Constitution, the House of Representatives has the sole power to formally charge a federal official who is suspected of committing a crime or abusing power.
According to Article II, Section 4 of the US Constitution, "The President, Vice President and all civil Officers of the United States, shall be removed from Office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."
The full House will vote on the articles of impeachment and decide the course of action that should be taken next.
Processes for impeachment in the House can vary. In one case, it might begin with the House Judiciary Committee investigating and recommending impeachment.
If at least one article gets a majority vote in the House, then the federal official has been impeached or formally charged with misconduct.
Representatives from the House act as prosecutors called "managers," and the impeached official may choose his or her own defense counsel.
In the case of a US president being convicted, the vice president would become president.
Since 1797, the US House of Representatives has impeached 21 individuals, including one US senator, one associate justice of the US Supreme Court, fourteen federal judges, one secretary of war, and three US presidents—Andrew Johnson, Bill Clinton, and Donald Trump (who was impeached twice).
There aren't any set rules for the Senate trial. Before the trial begins, a resolution is passed laying out trial procedures.
After articles of impeachment are adopted by the House, the process moves to the US Senate. According to Article I, Section 3, Clause 6 and 7 of the Constitution, the Senate has the sole power to try impeachment cases at trial.
If two-thirds of the Senate, acting as the jury, find the official guilty of the articles of impeachment, the official is removed from office without a possibility of appeal.
Afterward, the Senate could disqualify the impeached president from holding public office again with a majority vote.
Within only hours of Trump's social post, Chief Justice Roberts issued criticism of the sitting president. He said, "For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision."
Who can be impeached?
A breakdown of impeachment in the US
LIFESTYLE Impeachment
Being impeached in the US is normally associated with serious misconduct by the president. However, it can impact a wide range of officials including judges, cabinet members, and Supreme Court justices. Recent controversy with Donald Trump and his calls for judicial impeachment have brought this fact into the spotlight. In this gallery, you'll find out more about what impeachment is, how it is conducted in the US, and much more.
Curious about impeachment and its impact? Click through now.