The US House of Representatives has passed two terms impeaching Trump and they will be decided in the Senate, where Republicans take control.

The US House of Representatives, controlled by the Democratic Party, approved two terms of impeachment of President Donald Trump: abusing power and obstructing Congress in the evening vote on December 18 (in the morning of December 19 in Hanoi), paving the way for hold a presidential trial in the Senate.

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US President Donald Trump at the Oval Office, the White House, December 17 Photo: Reuters

Some people have the misconception that the concept of "impeachment" is related to the deposition of the president. In reality, however, impeachment is only an act of the US House of Representatives making charges against the President, similar to the prosecution's indictment in criminal cases.

Trump's impeachment process began when House Speaker Nancy Pelosi announced the launch of a Trump impeachment investigation in September, after receiving an anonymous accusation by an anonymous person, accusing pressure on Ukrainian President Volodymyr Zelenskiy was on a phone call in July for the country to investigate Joe Biden and Hunter's son. Democratic candidate Joe Biden is considered Trump's biggest rival in the 2020 presidential election.

When Democrats began the investigation, Trump declared himself doing nothing wrong. However, according to the US Constitution, the president does not necessarily have to violate criminal law to be impeached. Many legal commentators believe that putting pressure on a foreign leader to intervene in the US election is clearly classified as what the Founding Fathers considered "impeachable".

Democrats accuse Trump of jeopardizing the constitution, national security and undermining the fairness of the 2020 election. Pelosi selected the House Intelligence Committee to lead the investigation. The Intelligence Committee, besides the House Supervision and Reform Commission and the House Foreign Affairs Committee, summoned dozens of witnesses to testify for the investigation, but not everyone complied with the request.

On December 13, the Judicial Committee voted to approve the two terms impeaching Trump. At the December 18 poll, all Republicans in the House of Representatives opposed the impeachment terms and only three Democrats opposed at least one provision. Two Republicans and one Democrat did not vote, while Hawaiian Democrats voted "neutral."

The US House of Representatives is the place where all impeachment efforts begin, but the Senate is where they end. After passing two impeachment clauses, the US House of Representatives will transfer them to the Senate to hold a "trial" to review the terms next month.

According to Professor Jessica Levinson, director of Loyola Law School's Public Service Research Institute, the US Constitution does not specify in detail how the Senate conducts a impeachment trial. However, the US Constitution granted the majority party in the Senate the right to "decide the game", thereby deciding the winner.

Levinson compared the House of Representatives voting to the terms of impeachment to Trump like the jury in a court deciding whether someone is guilty or not, based on the evidence. If they decide the defendant is guilty, that person will be put on trial. In criminal proceedings, hearings are held in court, while in impeachments, the trial takes place in the Senate.

At the trial, members of the House of Representatives will play the role of prosecutors, senators who are jury members, the Chief Justice of the Supreme Court holds the presiding position. If he wants to convict and depose the president, the decision must receive two-thirds of the votes cast in the Senate.

The US Constitution gives the Senate full authority to deal with impeachment terms and they do not need to handle all terms of impeachment. Although unlikely, the Senate reserves the right to vote against one or both of the impeachment terms presented by the House of Representatives. This will essentially end the trial before it begins.

The US Senate currently has 53 Republicans, 45 Democrats and two independent members who tend to be on the Democratic side. The presidential conviction and deposition should receive 67 votes of support. So, in order to depose Trump through the "trial" in the Senate, Democrats need all their party senators and at least 20 Republican senators and two independent senators to vote against him. .

This is considered a very unlikely scenario, because Republican senators are more or less dissatisfied with Trump's leadership and statements, they will still not vote against him, because the dismissal The removal of the President is also related to the political power and survival of the Republican party.

To date, no US president has been deposed after a impeachment. President Richard Nixon resigned shortly before being impeached in 1974. President Andrew Johnson in 1868 was impeached by the House of Representatives but was not convicted in the Senate. President Bill Clinton was impeached in 1998 for a scandal with the White House intern at Monica Lewinsky but was acquitted in the Senate.