What If Trump Is Indicted Before Inauguration Day?

What happens if there is no elected president on inauguration day?

It further states that if, on Inauguration Day, a president-elect has not yet been chosen, or if the president-elect fails to qualify, the vice president-elect would become acting president on Inauguration Day until a president-elect is chosen or the president-elect qualifies; previously, the Constitution did not

Can a former president be prosecuted?

Art. 114 – A former President of the Republic cannot be prosecuted for treason or serious and deliberate violation of the Constitution when no legal proceedings in respect of that offence were brought against him or her while in office.

How can a president be removed from office under the US Constitution?

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.

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What was Donald Trump accused of that led to the start of impeachment process?

On the evening of September 24, 2019, Pelosi announced that six committees of the House of Representatives would begin a formal impeachment inquiry into President Trump. Pelosi accused Trump of betraying his oath of office, U.S. national security, and the integrity of the country’s elections.

What happens if no presidential winner is declared?

A candidate must receive an absolute majority of electoral votes (currently 270) to win the presidency or the vice presidency. If no candidate receives a majority in the election for president or vice president, that election is determined via a contingency procedure established by the 12th Amendment.

What happens if no winner by inauguration?

If no candidate receives a majority of electoral votes, the Presidential election leaves the Electoral College process and moves to Congress. If the House of Representatives fails to elect a President by Inauguration Day, the Vice-President Elect serves as acting President until the deadlock is resolved in the House.

Can a president pardon himself?

During the Watergate scandal, President Nixon’s lawyer suggested that a self-pardon would be legal, while the Department of Justice issued a memorandum opinion on August 5, 1974, stating that a president cannot pardon himself.

What benefits do presidents get after leaving office?

By law, former presidents are entitled to a pension, staff, office expenses, medical care, health insurance, and Secret Service protection.

  • Pension.
  • Transition.
  • Staff and office.
  • Medical insurance.
  • Secret Service protection.

Can the president declare war?

The Constitution of the United States divides the war powers of the federal government between the Executive and Legislative branches: the President is the Commander in Chief of the armed forces (Article II, section 2), while Congress has the power to make declarations of war, and to raise and support the armed forces

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Has any president invoked the 25th Amendment?

Dick Cheney (2002; 2007) On June 29, 2002, President George W. Bush became the first President to officially invoke Section 3. He formally gave power to his Vice President, Dick Cheney, using the rules that the 25th Amendment set out.

Who determines if the president is unfit to serve?

If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice

How many senators USA have?

The Constitution prescribes that the Senate be composed of two senators from each State (therefore, the Senate currently has 100 Members) and that a senator must be at least thirty years of age, have been a citizen of the United States for nine years, and, when elected, be a resident of the State from which he or she

Has any president been found guilty of impeachment?

Three were sitting presidents: Andrew Johnson, Bill Clinton, and Donald Trump (impeached twice). One was a Cabinet secretary. One was a U.S. Senator.

Who was the first president to be impeached?

The Impeachment of Andrew Johnson (1868) President of the United States

Mar 27, 1867 Congress passed the Tenure of Office Act.
Feb 22, 1868 The House Committee on Reconstruction reported resolution of impeachment against Johnson.
Feb 24, 1868 House voted 126 to 47 to impeach Johnson of high crimes and misdemeanors.
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Why was Johnson impeached?

The primary charge against Johnson was that he had violated the Tenure of Office Act, passed by Congress in March 1867 over Johnson’s veto. Specifically, he had removed from office Edwin Stanton, the secretary of war whom the act was largely designed to protect.

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