U.S. Capitol Attack: What's Next?

By Julianna Distante, 2021

Published 1/9/21

On January 6, 2021, Congress began confirming Electoral College votes that would be naming Joe Biden the next president of the United States. That day, protesters in support of President Trump stormed the U.S. Capitol building claiming a “revolution,” and agreeing with the president that the election was “stolen.” While in session, congress members were forced to seek protection from violent protesters who smashed windows, stole government property and destroyed parts of the Capitol building. President Trump, Rudy Giuliani (a member of his legal team), and Donald Trump Jr. had spoken in front of the White House earlier that day encouraging supporters to storm the Capitol; Trump stated he would be right there with them. The insurrection resulted in the deaths of five people, including one Capitol policeman.

Possible repercussions for President Trump are being discussed. After openly inciting violence in his speech to supporters in front of the White House, members of Congress have already called for either the enactment of the 25th Amendment or impeachment of the President. House Speaker Nancy Pelosi claimed that if the Vice President and Cabinet members do not immediately invoke the 25th Amendment, Congress is prepared to move forward with impeachment. She also states this option has an overwhelming consensus of other Democrat representatives. Conversely, the 25th Amendment involves presidential disability. If the Vice President and members of the Cabinet declare the President unable to carry out his duties, power transfers to the Vice President immediately, stripping the President of his powers and duties. Many question if this act is even necessary, while others claim invoking the 25th Amendment by the Cabinet would set a precedent: proving that consequences exist for the incitement of violence and domestic terrorism by a sitting President. Once again, the pressure of time becomes a significant factor. With the inauguration of Joe Biden and Kamala Harris on January 20th, should America simply run out the clock, or set standards and boundaries for the future Presidents? Members of the President’s Cabinet have begun to resign, including Secretary of Education Betsy DeVos and Secretary of Transportation Elaine Chao. Democrats call these resignations irresponsible, stating that Cabinet members have the power to enact the 25th Amendment, but are simply backing out to avoid making a political statement. While the 25th Amendment may be a viable option, impeachment remains important to members of Congress.

Though President Trump has already gone through the impeachment process in December 2019, Speaker of the House Nancy Pelosi and Senate Minority Leader Chuck Schumer, along with members of Congress, are prepared to introduce articles of impeachment of which Representative Ilhan Omar has already begun drafting. Pelosi claims she will introduce the articles if the 25th Amendment is not invoked by Monday, the eleventh of January. Only the House of Representatives has the power to initiate impeachment. The matter is referred to a committee to review accusations, examine evidence and issue recommendations. There are then votes on the articles of impeachment in the House of Representatives, and the official is impeached with a simple majority. Following this, the Senate acts as the judge and jury in the trial on whether or not to convict the official, with the Supreme Court’s Chief Justice presiding. In order for the conviction, 67 senators must vote to do so, this resulting in automatic removal from power. Depending on charges, President Trump may be disqualified from holding office in the future. With impeachment being a lengthy process, many consider it unnecessary, much like the enactment of the 25th Amendment, due to the inauguration being days away. Others claim it is necessary to set precedent and show the act of encouraging domestic terrorism is not permitted.