December 27, 2019

Is a President Impeached if it Does Not Go to The Senate

I have seen a few things arguing back and forth about if Trump is impeached or not. Most of them contain legal terms, metaphors, or references to the British laws around all the house of lords stuff that we got the impeachment stuff from. I notice this more and more, but the real problem in my opinion, stems from language changes. People now do not speak like people from them. Writing is also different than how we speak, and that has changed as well. I am no legal expert or language expert, but I am an IT person who hinges everything on logic. So let us look at things from a logical computer perspective because why not.

The argument seems to stem over whether impeachment is a process or a declaration by vote. It is being compared to the term indicted, but by logic different words are used for a reason. Let's check out the etymology first.

formerly also empeach, late 14c., empechen, "to impede, hinder, prevent;" early 15c., "cause to be stuck, run (a ship) aground," also "prevent (from doing something)," from Anglo-French empecher, Old French empeechier "to hinder, stop, impede; capture, trap, ensnare" (12c., Modern French empĂȘcher), from Late Latin impedicare "to fetter, catch, entangle," from assimilated form of in- "into, in" (from PIE root *en "in") + Latin pedica "a shackle, fetter," from pes (genitive pedis) "foot" (from PIE root *ped- "foot"). In law, at first in a broad sense, "to accuse, bring charges against" from late 14c.; more specifically, of the king or the House of Commons, "to bring formal accusation of treason or other high crime against (someone)" from mid-15c.  The sense of "accuse a public officer of misconduct" had emerged from this by 1560s. The sense shift is perhaps via Medieval Latin confusion of impedicare with Latin impetere "attack, accuse" (see impetus), which is from the Latin verb petere "aim for, rush at" (from PIE root *pet- "to rush, to fly"). The Middle English verb apechen, probably from an Anglo-French variant of the source of impeach, was used from early 14c. in the sense "to accuse (someone), to charge (someone with an offense)."

So what does all that mean? Well it says to accuse, bring charges against when talking about law. Specifically, formal charges. This is where the little logic loop is coming from. The president is accused, but since the Senate does not have the stuff, the charges have not been brought. This still is not a definitive answer, as this is the word generically which to me seems like it could be interpreted both ways right now. He is accused, but there are no charges being brought up yet.

In one of the videos I watched, the key piece being brought to say he is impeached is where it states the House of Representatives has the "sole power of impeachment." This is where language is going to get annoying. The law also says that the Senate has the sole power to try the impeachment. So let's put these side by side and compare with logic.

"SOLE POWER OF IMPEACHMENT" and "SOLE POWER TO TRY ALL IMPEACHMENTS"

To try an impeachment would, to me, indicate that it is being used in the form of an accusation. This falls in line with the result if the charges go through, that being the point a president would actually be removed from office. If that works well, let's apply it backwards. Sole power of accusation (impeachment). This to me means that the main separation for the "sole power of impeachment" means they are the only ones who can start the ball rolling.

So back to the question, is he impeached after a vote if it has not reached the Senate yet? If I were programming something to give an answer on that, legally, sure? I can see an argument for either direction, but the bigger argument I see is that unless it goes to the senate and has a trial and results in actually going through, it's purely a moot point. The impeachment in a legal sense is nothing more than a formal accusation.

I think another problem we are having is people in our system are doing things that make no sense to drag out the dog and pony show that just frustrates everyone. I blame career politicians.

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