Pendakwaan kedua terhadap Donald Trump: Perbedaan antara revisi
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=== Amendemen ke-14 ===
[[Amendemen Keempat Belas Konstitusi Amerika Serikat]] adalah satu dari [[Amendemen Rekonstruksi]]. Amendemen ini membahas hak kewarganegaraan dan perlindungan yang setara berdasarkan hukum dan diusulkan sebagai tanggapan atas masalah yang terkait dengan [[orang bebas|mantan budak]] selepas [[Perang Saudara Amerika Serikat]].
Jika Donald dicopot dari jabatannya berdasarkan
=== Amendemen ke-25 ===
▲If [[Twenty-fifth Amendment to the United States Constitution#Section 4: Declaration by vice president and cabinet members of president's inability|Section 4]] of the 25th Amendment action is carried out, it would make Pence the [[Acting president of the United States|acting president]], assuming the "powers and duties of the office" of the president. Trump would remain president for the rest of his term, albeit stripped of all authority. Section 4 of the 25th Amendment has not been invoked before.<ref>{{cite web|last=Bomboy|first=Scott|date=October 12, 2017|title=Can the Cabinet "remove" a President using the 25th amendment? – National Constitution Center|url=https://constitutioncenter.org/blog/can-the-cabinet-remove-a-president-using-the-25th-amendment|access-date=January 8, 2021|website=National Constitution Center – constitutioncenter.org|archive-date=January 8, 2021|archive-url=https://web.archive.org/web/20210108230610/https://constitutioncenter.org/blog/can-the-cabinet-remove-a-president-using-the-25th-amendment|url-status=live}}</ref><ref>{{cite web|last=Moneymaker|first=Anna|date=January 7, 2021|title=Calls to replace Trump via the 25th Amendment are growing. Here's why it's never happened before.|url=https://www.nationalgeographic.com/history/2021/01/calls-to-replace-trump-25th-amendment-growing-heres-why-never-happened-before/|access-date=January 8, 2021|website=History & Culture|archive-date=January 8, 2021|archive-url=https://web.archive.org/web/20210108230652/https://www.nationalgeographic.com/history/2021/01/calls-to-replace-trump-25th-amendment-growing-heres-why-never-happened-before/|url-status=live}}</ref> Pence, who would be required to initiate removal, has stated that he would not invoke the 25th Amendment against Trump.<ref>{{cite news |last1=Quinn |first1=Melissa |last2=Segers |first2=Grace |last3=Watson |first3=Kathryn |last4=Baldwin |first4=Sarah Lynch |title=House calls on Pence to invoke 25th Amendment, but he's already dismissed the idea |url=https://www.cbsnews.com/live-updates/trump-25th-amendment-house-pence/ |access-date=January 13, 2021 |publisher=CBS News |date=January 13, 2021}}</ref> The 25th Amendment, however, was initially created for the case where the President was incapacitated.
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=== Pemakzulan dan hukuman ===
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If impeachment and conviction were to occur before Trump's term ends, it would make Pence the 46th president with immediate effect, and Trump the first president in United States history to be convicted in an impeachment trial. Because the Senate is not scheduled to reconvene until January 19, 2021,<ref>{{cite web|last=Haynes|first=Danielle|date=January 9, 2021|title=McConnell: Senate can't take up impeachment until Jan. 19|url=https://www.upi.com/Top_News/US/2021/01/09/McConnell-Senate-cant-take-up-impeachment-until-Jan-19/5821610209825/|agency=United Press International}}</ref> discussions have taken place around possibly convicting Trump in the Senate after he leaves office, leaving open the possibility of permanently restricting a convicted former president from ever holding public office. However, this has never been constitutionally tested, except for the 1876 [[trader post scandal]], which saw Secretary of War [[William W. Belknap]] impeached by the House even after he had already resigned, although he was acquitted by the Senate.<ref name="Williams"/> As with a resignation, Pence would serve as the shortest-tenured president in American history if Trump were convicted before his term ends before handing power to Biden as the 47th president on January 20.
== Penerapan Amendemen ke-25 ==
On the evening of January 6, [[CBS News]] reported that Cabinet members were discussing invoking the 25th Amendment.<ref>{{cite web|url=https://www.kwch.com/2021/01/07/cbs-news-report-cabinet-members-discuss-invoking-25th-amendment-to-remove-president-trump/|title=CBS News Report: Cabinet members discuss invoking 25th Amendment to remove President Trump|date=January 6, 2021|website=[[KWCH-DT]]|access-date=January 7, 2021|archive-date=January 7, 2021|archive-url=https://web.archive.org/web/20210107025710/https://www.kwch.com/2021/01/07/cbs-news-report-cabinet-members-discuss-invoking-25th-amendment-to-remove-president-trump/|url-status=live}}</ref> The ten Democrats on the [[House Judiciary Committee]], led by U.S. Representative [[David Cicilline]], sent a letter to Pence to "emphatically urge" him to invoke the 25th Amendment and declare Trump "unable to discharge the powers and duties of his office", claiming that he incited and condoned the riots.<ref>{{Cite news |url=https://www.bostonglobe.com/2021/01/06/metro/ris-cicilline-leads-call-pence-invoke-25th-amendment-remove-trump-office/ |first=Lylah |last=Alphonse |newspaper=Boston Globe |date=January 6, 2021 |title=R.I.'s Cicilline leads call to invoke the 25th Amendment and remove Trump from office |access-date=January 7, 2021 |archive-date=January 7, 2021 |archive-url=https://web.archive.org/web/20210107162145/https://www.bostonglobe.com/2021/01/06/metro/ris-cicilline-leads-call-pence-invoke-25th-amendment-remove-trump-office/ |url-status=live }}</ref><ref>{{Cite news|first=Jacob|last=Knutson|work=Axios|title=House Judiciary Committee Democrats urge Pence to invoke 25th Amendment|url=https://www.axios.com/house-judiciary-committee-pence-trump-25th-amendment-bf565403-92cb-43ed-b46d-25f8e3aad90b.html|date=January 6, 2021|access-date=January 7, 2021|archive-date=January 7, 2021|archive-url=https://web.archive.org/web/20210107071030/https://www.axios.com/house-judiciary-committee-pence-trump-25th-amendment-bf565403-92cb-43ed-b46d-25f8e3aad90b.html|url-status=live}}</ref> For invocation, Pence and at least eight Cabinet members, forming a simple majority, would have to consent. Additionally, if challenged by Trump, the second invocation would maintain Pence as acting president, subject to a vote of approval in both houses of Congress, with a two-thirds supermajority necessary in each chamber to sustain. However, Congress would not need to act before January 20 for Pence to remain acting president until Biden is inaugurated, per the timeline described in Section 4.
Senator [[Elizabeth Warren]] ([[Democratic Party (United States)|D]]–[[Massachusetts|MA]]) accused [[United States Secretary of Education|Education Secretary]] [[Betsy DeVos]] in a tweet of quitting rather than supporting efforts to invoke the 25th Amendment to remove Trump.<ref name=":0"/> A Trump administration official disputed Warren's claim.<ref name=":0"/> [[House majority whip]] [[Jim Clyburn]] on Friday accused DeVos and [[United States Secretary of Transportation|Transportation Secretary]] [[Elaine Chao]] of "running away from their responsibility" by resigning from President Trump's Cabinet before invoking the 25th Amendment to remove him from office.<ref>{{cite web|last=Forgey|first=Quint|title='They are running away': Clyburn blasts DeVos, Chao for resigning without invoking 25th Amendment|url=https://www.politico.com/news/2021/01/08/clyburn-devos-chao-resigning-before-invoking-25th-amendment-456454|date=January 8, 2021|access-date=January 9, 2021|website=Politico|archive-date=January 8, 2021|archive-url=https://web.archive.org/web/20210108234410/https://www.politico.com/news/2021/01/08/clyburn-devos-chao-resigning-before-invoking-25th-amendment-456454|url-status=live}}</ref> Multiple news agencies reported that DeVos was in discussions to invoke the 25th Amendment prior to her resignation.<ref name=":0">{{cite web|last=Stratford|first=Michael|title=DeVos resigned after believing 25th Amendment was off the table|url=https://www.politico.com/news/2021/01/08/devos-resignation-trump-rioters-456574|access-date=January 9, 2021|website=[[Politico]]|date=January 8, 2021|archive-date=January 8, 2021|archive-url=https://web.archive.org/web/20210108203207/https://www.politico.com/news/2021/01/08/devos-resignation-trump-rioters-456574|url-status=live}}</ref> According to an advisor, DeVos decided to resign because she believed that it would not be possible to remove Trump from office under the 25th Amendment, after learning that Vice President Mike Pence opposed calls to invoke the 25th Amendment to oust Trump from office before January 20.<ref name=":0"/> By late January 9, it was reported that Pence had not ruled out invoking the 25th Amendment and was actively considering it.<ref name="news-pence">{{cite news|last=Wang|first=Jessica|date=January 10, 2021|title=Difference between Trump getting impeached or removed by the 25th Amendment|work=News.com.au|url=https://www.news.com.au/world/north-america/us-politics/electoral-college-vote-count-live-chaos-looms-on-the-streets-of-washington/live-coverage/fe71f5533d00a43250393574cd7ae2ab#73990|access-date=January 10, 2021|archive-date=January 9, 2021|archive-url=https://web.archive.org/web/20210109233921/https://www.news.com.au/world/north-america/us-politics/electoral-college-vote-count-live-chaos-looms-on-the-streets-of-washington/live-coverage/fe71f5533d00a43250393574cd7ae2ab#73990|url-status=live}}</ref>{{update after|2021|1|10}}<!-- several of the Sunday morning US time news (one was NBC Meet the Press) shows had reporters reporting that VP M. Pence was reluctant to use the 25th Amendment approach and thought that they should merely monitor Trump and his behavior for additional instability and then do some 25th A. thing only if he went further off the rails. I don't have a source link just now; but am sure these things got reported in the webzine media also; so should be straightforward to find sources to update this with Pence's Sunday thinking. -->
The House Rules Committee met on January 12, 2021, to vote on a [[non-binding resolution]] calling on Pence to invoke the 25th Amendment.<ref name="NBC"/> Pence later reiterated his position of not invoking the 25th Amendment, according to a letter sent to Pelosi late on January 12. In it, he stated that the 25th Amendment was intended for presidential incapacity or disability and invoking Section 4 to punish and usurp President Trump in the middle of a presidential transition would undermine and set a terrible precedent for the stability of the executive branch and the United States federal government.<ref>{{cite news|title=READ: Mike Pence's letter to Nancy Pelosi saying he won't invoke 25th Amendment|url=https://www.cnn.com/2021/01/12/politics/pence-letter/index.html|access-date=January 13, 2021|publisher=CNN|archive-date=January 13, 2021|archive-url=https://web.archive.org/web/20210113090815/https://www.cnn.com/2021/01/12/politics/pence-letter/index.html|url-status=live}}</ref>
On the same day, the House of Representatives voted to call for Pence to invoke the 25th Amendment. The resolution passed with 223 in favor, 205 against, and 5 (all Republicans{{Efn|Republican representatives who did not vote on invoking the 25th Amendment: [[Dan Crenshaw]] (TX-2), [[Kay Granger]] (TX-12), [[Greg Murphy (politician)|Greg Murphy]] (NC-3), [[Michelle Steel]] (CA-48), and [[Daniel Webster (Florida politician)|Daniel Webster]] (FL-11).}}) not voting; [[Adam Kinzinger]] was the only Republican to join a unified Democratic Caucus.<ref name=pencecall>{{cite web |url=https://www.vox.com/2021/1/12/22225224/house-25th-amendment-resolution-pence-impeachment |title=The House Just Passed a Resolution Calling on Mike Pence to Invoke the 25th Amendment |date=January 12, 2021 |access-date=January 13, 2021 |work=[[Vox (website)|Vox]] |first1=Li |last1=Zhou |first2=Ella |last2=Nilsen |archive-date=January 13, 2021 |archive-url=https://web.archive.org/web/20210113153436/https://www.vox.com/2021/1/12/22225224/house-25th-amendment-resolution-pence-impeachment |url-status=live }}</ref>
=== Rancangan undang-undang Jamie ===
[[File:House Resolution 21 - Calling on Vice President Michael R. Pence to convene and mobilize the principal officers of the executive departments of the Cabinet to activate section 4 of the 25th Amendment.pdf|thumb|House Resolution 21—Calling on Vice President Michael R. Pence to convene and mobilize the principal officers of the executive departments of the Cabinet to activate section 4 of the 25th Amendment to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting president.]]
The 25th Amendment allows Congress to establish a committee to determine when a president is unfit to serve (section 4 of the Amendment provides that the "declaration that the President is unable to discharge the powers and duties of his office" is made by "the Vice President and a majority of either the principal officers of the executive departments [i.e., the Cabinet] or of such other body as Congress may by law provide").<ref>{{cite news |first=Miles |last=Parks |url=https://www.npr.org/sections/congress-electoral-college-tally-live-updates/2021/01/07/919400859/what-happens-if-the-president-is-incapacitated-the-25th-amendment-charts-a-cours |title=What The 25th Amendment Says About Removing A Sitting President |publisher=NPR |date=January 7, 2021 |access-date=January 14, 2021 |archive-date=January 7, 2021 |archive-url=https://web.archive.org/web/20210107222923/https://www.npr.org/sections/congress-electoral-college-tally-live-updates/2021/01/07/919400859/what-happens-if-the-president-is-incapacitated-the-25th-amendment-charts-a-cours |url-status=live }}</ref> However, such a committee has never been established. In May 2017, Representative [[Jamie Raskin]] ([[Democratic Party (United States)|D]]–[[Maryland's 8th congressional district|MD-8]]) introduced legislation to create a standing, independent, nonpartisan body, called the Oversight Commission on Presidential Capacity, to make such a determination. The [[Bill (United States Congress)|bill]] had 20 cosponsors.<ref>{{cite web|date=May 12, 2017|title=Raskin Introduces Bill to Establish Independent Commission on Presidential Capacity|url=https://raskin.house.gov/media/press-releases/raskin-introduces-bill-establish-independent-commission-presidential-capacity |archive-url=https://web.archive.org/web/20210109123159/https://raskin.house.gov/media/press-releases/raskin-introduces-bill-establish-independent-commission-presidential-capacity |archive-date=January 9, 2021 |access-date=January 9, 2021|website=Congressman Jamie Raskin}}</ref>
In October 2020, Raskin and Pelosi introduced a similar bill to create a Commission on Presidential Capacity to Discharge the Powers and Duties of Office, to have 17 members{{snd}}four physicians, four psychiatrists, four retired Republican statespersons, and four retired Democratic statespersons appointed by congressional leaders (the [[Speaker of the United States House of Representatives|Speaker of the House]], [[House Minority Leader]], [[Senate Majority Leader]], and [[Senate Minority Leader]]). The bill defines "retired statespersons" as former presidents, vice presidents, [[Attorney General of the United States|attorneys general]], [[United States Secretary of State|secretaries of state]], [[United States Secretary of Defense|defense secretaries]], [[United States Secretary of the Treasury|Treasury secretaries]], and [[Surgeon General of the United States|surgeons general]]. The committee chair would be appointed by the other members. The bill provides that no members of the commission could be a current elected official, federal employee, or active or reserve military personnel, a measure intended to avoid conflicts of interest and chain-of-command problems. A majority of the commission (nine members), plus the vice president, would need to support invoking the 25th Amendment. The bill had 38 cosponsors.<ref>{{cite web|date=October 9, 2020|title=Raskin Reintroduces 25th Amendment Legislation Establishing Independent Commission on Presidential Capacity|url=https://raskin.house.gov/media/press-releases/raskin-reintroduces-25th-amendment-legislation-establishing-independent |archive-date=January 7, 2021 |archive-url=https://web.archive.org/web/20210107184120/https://raskin.house.gov/media/press-releases/raskin-reintroduces-25th-amendment-legislation-establishing-independent |access-date=January 9, 2021|website=Congressman Jamie Raskin}}</ref> While the bill has received renewed interest since the Capitol incident, as with any other bill it would require passage by both houses of Congress and [[Presentation Clause|consideration by the president]] for the commission to be formed and consider invocation of Section 4.
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== Pendapat ==
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