Pendakwaan kedua terhadap Donald Trump: Perbedaan antara revisi

=== Pemakzulan dan dakwaan ===

{{utama|Pemakzulan di Amerika Serikat}}

 

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 ==

 

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.

 

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.]]