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  Talk Elections
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  Constitution and Law (Moderator: True Federalist)
  Is a prez immediately out after senate convicts?
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Author Topic: Is a prez immediately out after senate convicts?  (Read 330 times)
Sir Mohamed
MohamedChalid
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« on: February 05, 2020, 10:31:32 am »

Since Trump's acquittal is assured, I'm curious what would happen in the opposite scenario? Is a prez immediately out of office and stripped of all powers once 67+ senators vote to convict? The moment the Chief Justice puts down the gavel? Not really comparable, but after the 2003 CA recall, it took a month until Arnold Schwarzenegger actually took over as gov. I assume in case of impeachment, the VP is sworn into office in a matter of hours?
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Babette d'Interlaken
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« Reply #1 on: February 05, 2020, 11:08:23 am »

Since Trump's acquittal is assured, I'm curious what would happen in the opposite scenario? Is a prez immediately out of office and stripped of all powers once 67+ senators vote to convict? The moment the Chief Justice puts down the gavel? Not really comparable, but after the 2003 CA recall, it took a month until Arnold Schwarzenegger actually took over as gov. I assume in case of impeachment, the VP is sworn into office in a matter of hours?

Well, a recall election is not the same thing as being literally found guilty of "high crimes and misdemeanors". I don't know if there's an actual legal procedure laid out, but if not, I'd imagine there would be a rush to move on with the succession. After all who would want a President removed by a trail to hang over for some more time?

I suspect the government machine would simply treat it the same way as learning that the incumbent has died, making the VP or the next person in the line of succession automatically assuming the office, as the oath is not really required to enter the office itself.
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Vosem
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« Reply #2 on: February 05, 2020, 05:44:00 pm »

The last two gubernatorial impeachments, of Rod Blagojevich and Evan Mecham, both resulted in the Governor losing office the moment that the state Senates voted to convict. I imagine the same thing would happen with the presidency.
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brucejoel99
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« Reply #3 on: February 06, 2020, 01:15:21 pm »

Yes, once the Senate has officially voted to convict, the public official on trial (in this case, the President) would be immediately removed from office, & the Vice President would immediately become the President &, as soon as possible, would take the oath of office.
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Babette d'Interlaken
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« Reply #4 on: February 14, 2020, 01:09:38 pm »

Tenure of the District Judge Thomas Porteous, the last federal official impeached and found guilty (2010) ended on the very same day the Senate ruled against him, so I assume it was done automatically indeed.
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