Where did you hear this -- from Rachel Maddow?
Wrong....
I would want to see the Constitutional basis for that. It probably comes from the same source that the “impeachment means Trump can run for a third term” claim does - trolls.
If he is convicted by 2/3 vote then punishment can be decide by 51 votes. But obviously, they can’t punish if they don’t convict.
Doesn’t make sense. Not guilty means not guilty....means no penalty.
I heard somewhere that while it takes 2/3s to convict it only takes 51 to prevent from holding Federal office again. Sure hope that’s wrong, it would be too tempting for traitors like Romney to use.
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Not exactly-First he has to be found guilty. If guilty his punishment(judgement) is restricted to removal from office and perhaps from future office. It doesn’t even have to be both. However, if it’s a criminal act, he may also face legal/criminal charges.
Here is the Constitution:
“The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
You have to convict before you can vote to prevent from ever holding office again...
So your argument is moot.
The 51 votes to prevent federal office for life is for punishment.... if you are not convicted there is no punishment.
Fake info
If not found guilty on impeachment charges the trial is over
it would be too tempting for traitors like Romney to use.
Woe unto any Republican who votes against the President. This is not a game.
The Senate can pass any SENATE rules they want with just 51 votes. They could, for instance, require John Roberts to wear a clown suit while presiding over the impeachment process. (Hmmmmm. I’d vote for that!) However, Senate rules don’t override any laws. Any change in the law requires a concurrent vote in the House, and approval by the POTUS. I doubt he’s go for a law removing him from office.