The Republicans' attempt to impeach Biden

The Republican majority in the US House of Representatives have started the constitutional processes for the GOP's attempts to embarrass, and perhaps oust the sitting president of the USA and to undermine his declared run for reelection. The party is accusing the president of complicity with his son Hunter Biden's alleged influence-peddling activities in China and Ukraine and other countries. Of course, the timing is highly questionable with the next presidential elections coming soon.

Article II, Section 4 of the US Constitution explicitly and categorically provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors". Based on this provision, impeachment is the legal process by which the US Congress may bring charges against any of the named officials for the mentioned high crimes and serious misconduct in office. What distinguishes the US Constitution and ours is that in America, they can also impeach at the state level. Our provincial governments do not have the status of a state and don

’t have impeachment powers.

Under the US Constitution, the House of Representatives can impeach the president or vice president for that matter by a simple majority vote of the House members present, in accordance with Article One, Section 2, Clause 5 of the US fundamental law. Because the House today is controlled by Donald Trump's party, the GOP, it’s likely that the Republicans can get the impeachment charges approved. That means that the same can be elevated to the Senate for trial. The Senate can convict only by a vote of two-thirds. Since the Democrats control the Senate, this impeachment is bound to be dismissed, assuming votes are cast along party lines. Further, any president or vice president convicted may also be barred from holding any public office by a simple majority vote.

Our research indicates that impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because the process isn’t punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Also because the conviction isn’t a punishment, the president of the United States is constitutionally precluded from granting a pardon to impeached and convicted persons that would protect them from the consequences of a conviction in an impeachment trial. In US history, there have been a number of impeachment charges but none were convicted. President Richard Nixon preempted the Senate by tendering his resignation. That was his last smart move.

Article One, Section 3, Clauses 6 and 7 of the US Constitution provides: "The Senate shall have the sole power to try all impeachments. When sitting for that Purpose, they shall be on oaths or affirmations. When the President of the US is on trial, 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 the 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 and judgment according to law."

Many US presidents have been subject to demands for impeachment by groups and individuals. Three presidents have been impeached, although none were convicted: Andrew Johnson was in 1868, Bill Clinton was in 1998, and Donald Trump twice, in 2019 and 2021. A resolution containing three articles of impeachment was adopted on July 30, 1974; the impeachment proceedings ended on August 20, 1974 without an impeachment vote, after Nixon resigned from office.

In our case, President Estrada wasn’t removed by impeachment. The Supreme Court considered him to have constructively resigned and GMA immediately took her oath even when Erap was neither dead, missing, nor impeached. Erap's highly-questionable removal shall remain one of the controversial annotations in Philippine history. GMA left office under many clouds of controversy. If there’s going to be a survey of popularity today, I have a strong feeling that Erap will beat GMA handily. I’m not saying that Erap is an angel, but neither am I saying that GMA is a saint.

Back to the US, the attempt to impeach Joe Biden is nothing more than a cheap joke by Donald Trump. This impeachment will even make Biden look better to the American voters.