Clarifying Impeachment and the Presidency: Addressing Misconceptions About Trump and Biden

Recently, there have been numerous discussions and questions surrounding President Biden and former President Trump, regarding impeachment. It’s important to clarify these misconceptions and understand the legal process involved in impeachment as well as the succession of power in the United States.

Impeachment and the Constitution

Impeachment is a complex and specific process established in the U.S. Constitution. According to Article I, Section 3 of the Constitution, the House of Representatives has the sole power to impeach a president, while the Senate has the right to try any impeachments.

Addressing Misconceptions

Official Appearances at Foreign Functions

It is a common misconception that the sitting president must attend the coronation of a foreign monarch or delegate such a responsibility. In fact, it is standard practice for the sitting president not to attend these events. This is not a crime and there is no constitutional requirement for the president to participate in such functions. The tradition is for a representative of the United States to attend such events instead.

Impeachment Criteria and Procedures

Impeachment requires evidence of high crimes and misdemeanors, as outlined in the Constitution. There must be a clear demonstration of misconduct that warrants the removal of the president from office. As noted earlier, there was no crime committed by President Trump that would justify impeachment proceedings.

Succession of Power

Under the U.S. Constitution, if a president is removed from office through impeachment and convicted in the Senate, it is the Vice President who assumes the presidency, not a random replacement. This process is a well-defined part of the U.S. government’s succession of power after an impeachment. Even if Vice President Kamala Harris were to assume the presidency due to the removal of Biden, she would be expected to select a new vice president during her term.

Coup D'état Allegations

The suggestion that there could be a coup d'état to remove Biden is fundamentally flawed. A coup d'état is an illegal seizure of power, and the line of succession is a legal mechanism for transferring power, not a real-life threat to national security. Moreover, the prospects of returning Trump to office without winning a new election in 2024 are virtually nonexistent. Trump would be just as old as Biden was in 2020, and health concerns, if any, should be considered under medical rather than legal scrutiny.

A Guide to Understanding the Impeachment Process

1. **Impeachment: A Constitutional Process**

Impeachment allows for the removal of a president for high crimes and misdemeanors, as determined by the House of Representatives with subsequent trial by the Senate. No official or personal demands can be made by a former president regarding current government actions or policies.

2. **Succession in the Absence of a President**

Vice President takes over upon the removal or incapacitation of the president through impeachment and conviction. Vice President has the constitutional authority to appoint a new vice president in the event of their own absence from the office.

3. **Misuse of Power and Misinformation**

Claims of past or imminent legal actions by a former president are often baseless and without merit. Understanding the legal framework and constitutional norms is crucial to avoid spreading misinformation and engaging in harmful proto-conspiracy theories.

Conclusion

It is essential to approach discussions about the presidency, impeachment, and succession with a clear understanding of the U.S. Constitution and the established legal processes. Misunderstandings and misinformation can lead to confusion and potential crises, but a well-informed public can help ensure the smooth and constitutionally sound operation of our democracy.