Process
This is NOT an opinion piece. There have been some questions about what would happen if the President is impeached. This is how it works.
The Impeachment Process
The President of the United States is immune from criminal prosecution while in office. While this is NOT a Constitutionally mandated rule, it has been confirmed by the US Supreme Court historically, and as a practical matter makes sense. Since the President is not only the “chief law enforcer” and also has the power to pardon, it would make little sense for him to arrest himself, and/or pardon himself.
The President can be impeached and removed from office for Treason, Bribery or other High Crimes and Misdemeanors. While this sounds like a big deal, in reality Presidents have been impeached for perjury, abuse of power, failure to follow a law passed by Congress, contempt of Congress, obstruction of justice, and failure to pay taxes. The former President does NOT have immunity. Therefore, in order to criminally prosecute a President, it is necessary to remove him from office first. This process is called the Impeachment Process (US Constitution, Art. II, Sec. 4.)
Impeachment begins in the House of Representatives. In the past, the Judiciary Committee of the House votes for a “bill of impeachment,” which then goes to the whole House. A majority of the House members must vote to Impeach. The term ‘impeachment” is similar to “indictment” used in the court system. When a President is impeached, it is the House of Representatives bringing charges for trial in front of the US Senate. The House acts as the prosecutors of the case, the US Senate acts as the jury, and the Chief Justice of the US Supreme Court acts as the presiding judge.
The impeachment trial takes place in front of the Senate, with the Chief Justice serving as the presiding judge. The “managers” from the House of Representatives act as the “prosecution” in the trial, and the President is represented by counsel of his own choosing. Two thirds (67) of the Senators must agree in order to remove the President. Once they have done so, they can remove the President, and bar him from holding other offices in the United States.
Two US Presidents have been impeached and tried: Andrew Johnson in 1868, and Bill Clinton in 1999. Neither was convicted, (Johnson stayed in office by one vote.) Richard Nixon resigned after the House Judiciary Committee started impeachment proceedings. He was then pardoned for any crimes he might have committed by President Ford.
Presidential Succession
If the President is impeached and convicted, he is removed from office. The Vice President then becomes President for the remainder of the President’s term of office. If the Vice President is removed (or resigns) then the Speaker of the House of Representatives becomes the President. Under law, when the Speaker of the House becomes President, he no longer is Speaker or a member of the House, and he would remain President through the full term of office.
If the Speaker is unable to become President, then the Presidency goes to the President Pro Tempore of the Senate (usually the Senator of the majority party who has he most seniority in the Senate). The current line of succession then: President Trump, Vice President Pence, Speaker Ryan, President Pro Tempore Orrin Hatch. By the way, if none of the above serve, the Secretary of State is next in line: from Exxon/Mobil to President!
25th Amendment
The 25th was written as a response to the possibility of a President who was alive but unable to serve (Wilson’s stroke, Eisenhower’s heart attack, if Kennedy had survived Dallas). It also allowed Congress to approve a new Vice President if the office was vacant.
This is a process for the “temporary” filling of the Presidency, but this process is intended for the temporary disability of the President (illness or injury). If the President states that he is temporarily unable to fulfill his duties, he can notify the Speaker and President Pro Tempore of the Senate, and the Vice President can become acting President until the President notifies them he is ready to resume office.
In addition, the Vice President and a majority of the cabinet can declare the President unable to perform his duties and “take over.” If the President wants to resume the office and the VP and cabinet disagree, the Congress has twenty-one days to determine the outcome, with 2/3 of both the House and Senate having to agree to allow the VP to continue as acting President.
