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Last week, President Donald Trump demanded that Rep. Jamie Raskin of Maryland — a Democrat who played a major role in the impeachment proceedings against him in his first term — be expelled from Congress.
The demand flouts separation of powers standards dictating that the executive and legislative branches govern and enforce rules for themselves without interference from the other. It is also an extreme request, as expulsion for members of Congress is generally reserved for greater offenses, not political disagreements.
“Jamie Raskin, a Loser in Life, who worked endlessly during my First Term to impeach me, and failed miserably, wasting the Country’s money, time, and effort, will guaranteed be trying to do it again, despite one of the most successful Presidencies in History,” Trump claimed in a Truth Social post on Thursday.
Trump also railed against Raskin’s involvement in the select committee investigating the attack on the U.S. Capitol on January 6, 2021. The president claimed in his post that, “if Biden didn’t give him a pardon, he’d be in jail right now!”
Raskin was indeed granted a pardon by former President Joe Biden, but that was largely done in anticipation of Trump weaponizing the Department of Justice (DOJ), which Trump has done relentlessly during his current tenure. Trump’s post about Raskin implies that he intends to use the DOJ to target the Democratic lawmaker, too.
“The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense,” Biden wrote in a statement accompanying Raskin’s and other individuals’ pardons.
Continuing in his post, Trump said “something should be done about” people like Raskin. “EXPEL THE BUM,” he added.
Article I, Section 5 of the U.S. Constitution provides each house of Congress with the ability to remove its own members. The language used in that provision implies that such a move is reserved for cases in which lawmakers act inappropriately — and should not be used in response to conduct that is legal, like seeking an impeachment or taking part in congressional investigations.
“Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member,” the clause states.
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Only six lawmakers have been expelled from the House of Representatives in U.S. history. Only two expulsions have occurred in the 21st century so far, most recently that of former Rep. George Santos (R-New York), who was removed after being involved in several scandals. Only one person was expelled from the House in the 20th century, with the remaining three expulsions happening in the 19th century.
While the House is currently controlled by Republicans, any attempt to expel Raskin would likely fail, as the GOP is unlikely to garner support from enough Democrats to reach the two-thirds threshold needed. Some Republicans might be skeptical about voting in favor of the resolution, too, given that the midterms are fast approaching, and Trump’s demand is largely based on his political antipathy to the Maryland Democrat.
Raskin responded to Trump’s demand by giving the president some tongue-in-cheek advice.
“I’d like to tell the president…there’s a very easy way to not get impeached: Stop committing impeachable offenses, stop committing high crimes and misdemeanors,” Raskin said in an interview on MS NOW. “Don’t go to war and usurp the powers of Congress to declare war. … Don’t spend money in a way different from how Congress has appropriated money. Don’t impose illegal taxes and tariffs on the American people without congressional consent.”
Trump’s rant against Raskin comes as the president and his allies in Congress are reportedly working up a plan to “expunge” past impeachment votes. Such a resolution would only be symbolic in nature, as the Constitution does not outline a process for erasing past impeachment measures.
Trump has been impeached twice — once for demanding political dirt on Biden before sending aid to Ukraine in 2019, and again for inciting the attack on the U.S. Capitol by a crowd of his loyalists on January 6.
While Trump suggested in his post that Raskin and other Democrats would try to impeach him if they win the House in the midterms, Democratic leadership in the chamber has indicated that they are not actively considering impeachment.
Democrats’ strategy in the midterms “will be centered around delivering the type of government that’s actually focused on improving the quality of life of the American people, as opposed to the self-dealing that we’re seeing occur right now,” House Minority Leader Hakeem Jeffries (D-New York) said earlier this month, adding that impeachment isn’t on the party’s mind “at this moment.”
Several polls suggest that Democrats should take a different approach — that they should indicate that impeachment is a possibility for Trump should they win the midterms. Indeed, a Strength in Numbers/Verasight poll from April found that 52 percent of American voters supported impeaching Trump, while only 40 percent were opposed.
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