What is the Impeachment? Should Donald Trump be prosecuted?

In these moments of tension in the capital of the United States, it is necessary not only to understand but also to get involved in politics. As Latinos, we must realize that we are part of this country regardless of status, race, or religion, and our rights must be respected. Today there is an impeachment process in Congress, but what is Impeachment?

Before answering this question, it is necessary to understand the origin of this process. The Founding Fathers of the United States were responsible for giving rise to the oldest and enforceable Constitution in the world. One of the issues to be discussed and in which James Madison was emphatic was not allowing the president to be above the law. Having as source King George III who is believed to have suffered from mental disorders and for that reason acted tyrannically. It was implied that the president, in some instances, should be prosecuted if necessary. Betrayal, bribery, and other crimes are the scenarios today to prosecute the president or vice president.

Now getting into the procedure and the legality of the Impeachment, we have: Congress is the only one empowered to carry out the Impeachment. In the case when the president of the United States is being prosecuted, the Chief Justice of the Supreme Court must preside. Then, the House of Representatives is the one who investigates and decides whether to continue with the Impeachment. Representatives can obtain evidence, witnesses, and information of any kind in different ways; in the same way, they can be challenged by the same representatives. Once, the majority of representatives vote to approve the articles of Impeachment (the charges), the accused must go to the Senate where he/she is prosecuted; The Supreme Court has established that the Impeachment Clause does not require a judicial style format. However, the Senators act as a jury. The Senate has the last word to decide, although all the decisions of the courts in the United States are subject to review by the Supreme Court. In the case of Impeachment, it is not so. Throughout the years, different rules have been adopted to the Impeachment process. Nowadays, representatives of the House serve as prosecutors in the trial and present the case. To find the person impeached guilty, the Senate needs two-thirds of the votes (67); the sanction shall not exceed the removal of office and disqualification to exercise trust or lucrative positions in the United States.

This week, Congress is accusing Donald Trump of abuse of power and obstruction of justice. The House of Representatives accuses Trump of having urged the president of Ukraine to investigate the son of former vice president and presidential candidate Joe Biden, sopping to stop military aid and US collaboration with that country. Biden has been at the top of various polls that position him as the leader of theDemocratic party to beat Trump. All this is under the shadow of what happened in the 2016 elections; Russia was accused of interfering and helping the Republican candidate. When the Founding Fathers included the Impeachment to the Constitution, among so many reasons, was to avoid a tyrant who could shape the laws in his benefit, who could sell or manipulate foreign forces based on his position as president. So this is what Trump intended to use his power as head of state to shape an alien force to investigate a presidential candidate creating a scandal to influence the 2020 elections.

In the United States it is well known that you cannot lie, President Trump wants to make the lie something common and this must stop. According to the Washington Post, Trump has made more than 15,000 false statements or with the intention of confusing in just over 1000 days in the White House. He has also made statements that suggest that he can influence the Congress of the Supreme Court.

The paradox of this Impeachment is that it probably won’t follow justice, but the benefits of individuals. There are 100 Senators, 45 Democrats, 53 Republicans, and two independents; 67 are needed to remove President Trump, and politics could have a more important role than that of justice and good Americans, hopefully not.