so it begs the question: Is he or is he not impeached?
I’m guessing that’s a SCOTUS question and the answer is yes.
Does it survive the end of congress ? That’s probably another SCOTUS question.
If he’s now impeached, does the Senate need anything from the House to start the trial ? ( Nothing in the constitution about it )
If it does survive and the Senate flips and holds a trial (the 116th ends 01/03/2021), and Pres. Trump wins election, does he get removed from his first term and take the oath for his 2nd term?
Somehow, SCOTUS will be involved unless Mitch lets Nancy play him.
If the Senate did hold a trial there is no way he’d be found guilty with 2/3 vote.
Look at it this way. The House is like a prosecutor. They bring the charges (impeachment) The Senate is like a Jury. They find if the charges warrant guilty or not. Once impeached, by the house, those charges are always there even if found to be exonerated by the senate.