Q post >>4739743
Q: "Law governing removal of sitting Congressman (M/W) Senator?
Ans:
http://www.civilrightstaskforce.info/id51.htm
"Under Article I, Section 5, clause 2, of the Constitution, a Member of Congress
may be removed from office before the normal expiration of his or her constitutional
term by an “expulsion” from the Senate (if a Senator) or from the House of
Representatives (if a Representative) upon a formal vote on a resolution agreed to by
two-thirds of the Members of the respective body present and voting. While there
are no specific grounds for an expulsion expressed in the Constitution, expulsion
actions in both the House and the Senate have generally concerned cases of perceived
disloyalty to the United States, or the conviction of a criminal statutory offense which
involved abuse of one’s official position. Each House has broad authority as to the
grounds, nature, timing, and procedure for an expulsion of a Member. However,
policy considerations, as opposed to questions of authority, have appeared to restrain
the Senate and House in the exercise of expulsion when it might be considered as
infringing on the electoral process, such as when the electorate knew of the past
misconduct under consideration and still elected or re-elected the Member.
As to removal by recall, the United States Constitution does not provide for nor
authorize the recall of United States officers such as Senators, Representatives, or the
President or Vice President, and thus no Member of Congress has ever been recalled
in the history of the United States."
"Recall" refers to actions before election. There is no precedent for removing someone when they were elected after allegations/crime were known.
Congress has immunity from prosecution under Normal Criminal Law. They do not have immunity under Military law.
The only R majority exists in the Senate; so if someone were to be expelled and consequently prosecuted, it would be in the Senate, not Congress.
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