Duke law professor explains impeachment process
VOTE PLANNED FOR WEDNESDAY.
BACK TO YOU.
>> MARK, THANK YOU.
>>> DUKE LAW PROFESSOR NEIL
SIEGEL JOINS US NOW TO PUT THIS
INTO BETTER PERSPECTIVE.
PROFESSOR, THANKS FOR TALKING
TO US.
WE TOSS THE WORD IMPEACHMENT
AROUND OFTENTIMES WITHOUT THE
WORDS OF A CONVICTION OR SENATE
TO FOLLOW IT UP.
IS THAT A BIT DANGEROUS ON OUR
PART?
>> I'M NOT SURE IT'S DANGEROUS.
PEOPLE OFTEN CONFUSE
IMPEACHMENT FROM REMOVAL, THE
HOUSE IMPEACHES BY A MAJORITY
VOTE AND THEN THE SENATE
DECIDES WHETHER TO CONVINCE AND
REMOVE THE PRESIDENT FROM
OFFICE.
THAT REQUIRES A TWO-THIRDS
MAJORITY.
IT'S JUST IMPORTANT FOR
AMERICANS TO UNDERSTAND WHAT
THE PROCESS ENTAILS.
>> YOU KNOW, HERE WE ARE ON THE
11th OF JANUARY, THE
INAUGURATION IS NINE DAYS AWAY.
WE HAVE HEARD THIS NEXT
QUESTION ANSWERED SEVERAL
DIFFERENT WAYS.
I'D LIKE TO GET YOUR TAKE.
WHAT IS THE POINT AT THIS
POINT, THE LATENESS OF HIS TERM
TO GO THROUGH AN IMPEACHMENT
PROCESS NOW?
>> I THINK THE POINT WOULD BE
TO PRESERVE THE CONSTITUTION OF
THE UNITED STATES.
TO RESERVE THE CONSTITUTIONAL
GOVERNMENT.
TO PRESERVE DEMOCRACY IN
AMERICA.
TO DECLARE AND DETER THE
PROFOUND ABNORMALITY AND
ANTICONSTITUTIONALITY OF THE
PRESIDENT'S BEHAVIOR SINCE
LOSING THE ELECTION.
HE LOST THE ELECTION.
THIS IS NOT SOMETHING
REASONABLE THAT WE COULD
DISAGREE ABOUT.
IT'S WHAT FEDERAL, STATE
OFFICIALS, REPUBLICANS,
DEMOCRATS, L POLITICIANS, AND
JUDGES HAVE ALL CONCLUDED.
AND YES HE HAS TAKEN A SERIES
OF DANGEROUS ACTIONS SINCE THE
ELECTION TO PRESERVE HIMSELF IN
OFFICE.
HE LIED OVER AND OVER ABOUT THE
OUTCOME.
UNDERMINING AMERICANS TRUST IN
THE DEMOCRATIC PROCESS.
HE PERSUADED TENS OF MILLIONS
OF HIS SUPPORTERS THAT THERE
WAS MASSIVE FRAUD THAT COST HIM
THE ELECTION.
HE SOLICITED ELECTION FRAUD AND
THREATENED REPUBLICAN OFFICIALS
IN GEORGIA.
HE SOLICITED THE VICE PRESIDENT
TO BETRAY HIS OWN OATH OF
OFFICE BY REJECTING THE
CERTIFIED ELECTION RESULTS WHEN
ALL THE VICE PRESIDENT HAD THE
AUTHORITY TO DO WAS TO OPEN THE
CERTIFICATES CONTAINING THE
RESULTS.
HE ENCOURAGED HIS SUPPORTERS TO
COME TO D.C. FOR WHAT HE
PROMISED WOULD BE A WILD RALLY.
IF THEY DELIVERED A SPEECH THAT
WAS STILL THE VIOLENT IMAGERY
AND REPEATED LIES ABOUT THE
ELECTION.
HE TOLD THEM AMONG OTHER THINGS
THEY WON'T HAVE A COUNTRY
ANYMORE IF THEY DON'T FIGHT
LIKE HELL.
THEN SENT THEM TO CONGRESS.
HE DELAYED RESPONDING TO THE
VIOLENT ATTACK ON THE
LEGISLATIVE BRANCH OF OUR
GOVERNMENT.
THEN WHEN HE TOLD THE FOLKS TO
GO HOME, HE MADE MATTERS WORSE
BY FUELING THEIR ANGER THAT
BROUGHT THEM THERE TO BEGIN
WITH, BY REPEATING LIES ABOUT
THE ELECTION.
THEN AFTER THE RIOT ENDED HE
CONDONED THE BEHAVIOR BY SAYING
THIS IS WHAT HAPPENS WHEN AN
ELECTION IS STOLEN.
YOU CAN LOOK AT SINGLE EPISODES
THAT I JUST RECOUNTED AS
THEMSELVES IMPEACHMENT OR LOOK
AT THE ENTIRE SERIES OF THE
BEHAVIOR BY THE PRESIDENT AND
CONCLUDE THAT AS A WHOLE IT'S
IMPEACHABLE.
BUT MAKE NO MISTAKE WE'RE
TALKING ABOUT BEHAVIOR THAT'S
BEYOND ANY REASONABLE AMERICAN
POLITICS.
THAT'S WHAT THE IMPEACHMENT AND
REMOVAL POWER EXISTS.
IT'S TO DRAW A LINE BEYOND
WHICH NO PRESIDENT IS PERMITTED
TO GO.
>> YOU KNOW, IF THE ARTICLES OF
IMPEACHMENT ARE PASSED BY THE
HOUSE, DO YOU BELIEVE WITH WHAT
YOU JUST LAID OUT.
THERE'S 17 MEMBERS OF THE
REPUBLICAN PARTY IN THE NEW
SENATE THAT WOULD VOTE FOR
CONVICTION.
SINCE IT WOULD TAKE 67 VOTES.
>> I CAN'T POSSIBLY KNOW THE
ANSWER TO THAT QUESTION.
IT IS VERY DIFFICULT IN THE
HYPERPOLARIZING TIMES WE'RE
LIVING TO SECURE 67 VOTES IN
THE SENATE FOR ANYTHING LET
ALONE REMOVING A PRESIDENT FROM
OFFICE.
AND THERE ARE CONCERNS THAT A
TRIAL TAKES PLACE AND THE
PRESIDENT RECEIVES THE SUPPORT
OF AT LEAST ONE-THIRD OF THE
SENATE THAT HE AND FUTURE
PRESIDENTS WILL FEEL ACQUITTED.
SO THERE ARE CONCERNS GOING
FORWARD.
AGAIN, I'M NOT GOING TO PREDICT
THE OUTCOME.
I SUSPECT IT WILL BE MORE
REPUBLICANS THIS TIME THAN LAST
TIME BECAUSE REPUBLICANS LIKE
DEMOCRATS IN CONGRESS WERE THE
TARGETS AND VICTIMS OF THE
VIOLENT ASSAULTS THAT TOOK
PLACE.
BUT AGAIN AT THE END OF THE DAY
IT'S NOT FOR ME TO PREDICT WHAT
WILL LIKELY HAPPEN.
>> PROFESSOR NEIL SIEGEL,