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  Talk Elections
  General Discussion
  Constitution and Law (Moderator: True Federalist)
  What happens if 2/3 of the Senate votes to convict an impeached president but not on the same charge
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Author Topic: What happens if 2/3 of the Senate votes to convict an impeached president but not on the same charge  (Read 335 times)
#Solid4096
Solid4096
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« on: June 15, 2020, 11:13:42 pm »

Say that a president faces multiple charges after being impeached by the US House, and that the Senate vote on conviction has 2/3rds or more of the Senate voting to convict the president on at least 1 charge, but no single charge has 2/3rds or more of the Senate voting to convict.
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One of Those People
Fubart Solman
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« Reply #1 on: June 16, 2020, 12:51:57 am »

I would have to assume that the president would be acquitted.
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NewYorkExpress
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« Reply #2 on: June 16, 2020, 02:29:50 am »

I imagine it only takes conviction on one charge to remove an official being impeached, but I could be wrong.
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Sir Mohamed
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« Reply #3 on: June 16, 2020, 02:32:53 am »

Would be acquitted then. Prez needs to be convicted in one charge with 2/3 majority reached.

A proposed bill also doesn't pass if more than one version is voted on but neither reaches a majority on the floor, even if "combined yes" votes on 2 or more versions is a majority. The chamber needs to agree on one version and pass it with a majority vote. Just like impeachment needs  a 2/3 majority on at least one charge.
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John 3:16 Says "All Lives Matter"
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« Reply #4 on: August 01, 2020, 01:57:31 pm »

In truth, if that were to happen, it would be a sign that a large number of the President's own party were trying to cover themselves by saying that the "voted for impeachment" on one article but "against impeachment" on another article.  It would be a great way of having it both ways.

If I were a Senator who truly believed a President ought to be removed from office on one count, but not on the other, I'd vote to remove on the other count.  It would be a way of "concurring in the result".  Impeachment, after all, is not a LEGAL process; it is a HIGHLY POLITICAL process shrouded in legalisms.
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Tamika Jackson
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« Reply #5 on: August 02, 2020, 07:38:48 pm »

Say that a president faces multiple charges after being impeached by the US House, and that the Senate vote on conviction has 2/3rds or more of the Senate voting to convict the president on at least 1 charge, but no single charge has 2/3rds or more of the Senate voting to convict.

So when a jury votes by charges, it is only on that charge. So you would need to reach the threshold (2/3ds) to be guilty of that specific charge. If you don't reach the threshold, you're acquitted.

In the military, we have non-unanimous verdicts and we break it out by charges and specifications.

E.g.:

CHARGE I - Violation of Art. 112a - Uniform Code of Military Justice (UCMJ)

Specification - We'd explain the specific offense here as to how the person violated the specific article of the UCMJ.

CHARGE II - Violation of Art. 113 - UCMJ

Specification - Insert spec.

===

If a jury only reaches the threshold for CHARGE I but not CHARGE II, then the person is only guilty of CHARGE I.

For multi-specification charges (cause you may be breaking an Article in numerous ways), the same principles apply. You have to be found guilty on each specification.

If you are not found guilty of at least one specification of the charge, you are found not guilty on the charge.
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