that guy in AZ Wrote:
Since Pence is not going to invoke the 25th Amendment, and since Trump is not going to resign, it seems like the only alternative is impeachment - but there is another alternative.
Censure, a formal congressional condemnation, has been successfully invoked against sitting presidents. While admittedly symbolic, it is what is needed at this moment: an immediate bipartisan judgment that is strong, unequivocal, indelible and undeniable, a clear judgment that Trump’s conduct was a profound betrayal of both his duty and the basic legal rules of our democratic republic. Different courses of action toward this goal are available, but only censure holds any real chance of imminent success.
Although it is appears likely that the vote on impeachment will happen tomorrow, there is yet another remedy that might actually be more effective.
Section 3 of the 14th Amendment, passed in the aftermath of the Civil War, bars Trump from holding another federal office if he is found to have “engaged in insurrection or rebellion against” the Constitution of the United States.
House Democrats’ plans to rush through an impeachment of President Trump won’t work, for a simple reason: The Constitution envisions impeachment only as a tool for proceeding against a president while he remains in office.
The finding could be accomplished by a simple majority vote of both houses, in contrast to the requirement in impeachment proceedings that the Senate vote to convict by a two-thirds majority.
House Speaker Nancy Pelosi (D-Calif.) seems to believe that the only way to disqualify Trump from running for a second term is to gain House support for a second impeachment while he is still in office, even though the Senate trial can’t begin until Jan. 20 or 21. Since impeachment is designed to remove officials from office, the constitutionality of such a trial is problematic. But even if it were legitimate, the trial would come with heavy costs to the country and to the incoming Biden administration.
First, the trial could well lead to Trump’s acquittal if most Republican senators decide that a vote to convict would damage their reelection chances by alienating their right-wing base.
Second, having the Senate’s time consumed in holding a trial would delay President-elect Joe Biden’s efforts to secure confirmation of his Cabinet and other nominees
Third, it would further divide the country at precisely the time Biden is seeking to bring America together.