So this legal stuff seems to say that even if a Congressvermin were arrested for a serious crime, the only way to get him/her/it out of its seat would be other vermin have to vote for expulsion?
School me...
School me...
I'm not a lawyer (and I haven't been in a Holiday Inn Express in a year), but looks like the path is through the House Ethics Committee. Way out of my element...
“”””””So this legal stuff seems to say that even if a Congressvermin were arrested for a serious crime, the only way to get him/her/it out of its seat would be other vermin have to vote for expulsion?
School me...”””
Recall of Legislators and the Removal
of Members of Congress from Office
Congressional Research Service
Jack Maskell
Legislative Attorney
January 5, 2012
Congressional Research Service
7-5700
www.crs.gov
RL30016
Summary
Under the United States Constitution and congressional practice, Members of Congress may have
their services ended prior to the normal expiration of their constitutionally established terms of
office by their resignation or death, or by action of the house of Congress in which they are a
Member by way of an “expulsion,” or by a finding that in accepting a subsequent “incompatible”
public office, the Member would be deemed to have vacated his congressional seat.
Under Article I, Section 5, clause 2, of the Constitution, a Member of Congress may be removed
from office before the normal expiration of his or her constitutional term by an “expulsion” from
the Senate (if a Senator) or from the House of Representatives (if a Representative) upon a formal
vote on a resolution agreed to by two-thirds of the Members of that body present and voting.
Do note “....present and voting.”
From anon:
Anonymous 01/13/19 (Sun) 14:15:01 80ef0b (5) No.4739849
>>4739743
moar law - expulsion
https://fas.org/sgp/crs/misc/RL30016.pdf
So if imprisoned, you'd have to have about 135 dems down for the House Republicans voting en bloc to reach that 2/3 mark. Since those in prison wouldn't be present and voting.
So this legal stuff seems to say that even if a Congressvermin were arrested for a serious crime, the only way to get him/her/it out of its seat would be other vermin have to vote for expulsion?
School me...
********************************************************************************
Yes, that’s what my research revealed a couple of weeks ago. Even if they are arrested, convicted, and spending time in jail, they are still seated, unless voted out by the required number of congress critters.
However, I don’t think they have a provision for voting on issues from Jail, but they’ve had 2 years to prepare, so who knows what they buried in the many bills -especially NDAA.