I was hoping you'd post on Durbin. As you are far better informed on the finer points of constitutional law than most here I have a couple questions for you. Does what he did rise to the level of the 14th amendments "giving aid or comfort to the enemy" clause or at least come close enough to make arguing the point reasonable? And, if so, could the mechanics of removal under that clause be done with just a simple majority of the Senate? I think that shouldn't require the 2/3 vote otherwise needed for expulsion as the amendment deals with qualifications - similar to picking winners in disputed elections which IIRC is done by simple majority vote, provides its own voting standard to be overridden of 2/3 the other way in both houses, and supersedes the expulsion clause in any case. Whether the GOP leadership would do it is sadly another matter; my question is could they legally remove Durbin with their alleged majority. For the possible argument that "finding Durbin guilty of giving aid or comfort to the enemy is a matter for the courts, not for the Senate" I remind folks of the precedent Sen. Harkin created during Clinton's Senate trial. I believe that makes the Senate an appropriate fact finding body in this case.
There is a huge difference between the processes for questioning the election of a would-be Member of Congress, and the ones for expelling a seated Member. The Supreme Court dealt with precisely those differences in
Powell v. McCormick, when the corrupt Congressman (temporarily) got his seat back.
It is a majority vote for either House to determine whether a would-be Member or Senator has been duly elected, and should be seated -- after a Committee has held a factual hearing and reported its conclusions. However, expulsion of a Member (Senator( requires a 2/3rds vote and takes place on the floor of the House / Senate.
Neither the courts, nor the other House, nor any other part of the federal government has any role to play in the expulsion consideration and decision. Look at the list of current Senators and consider whether there is a snowball's chance in Hell that a full 2/3rds of them will vote to expel Durbin. I think the answer to that question is no, non, nein, nicht, and nyet.
John / Billybob