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,