| Austin American statesman
Facebook posts: Saying a second indictment means Donald Trump is losing his lifelong pension, travel allowance, details of the secret service and his ability to elect him to a public office.
PolitiFact’s ruling: Mostly False
This is why: House Democrats filed an indictment against President Donald Trump for “intentional incitement to violence against the United States government” following the January 6 riot at the US Capitol, which temporarily barred Congress from counting ballots for the Electoral College .
With only nine days until inauguration day, the Democrats’ move to accuse Trump is unlikely to result in him being removed from office. But a viral message on social media says it could have lasting consequences for his future in public life.
The message, published 98% by the liberal Facebook page The Other on January 9, set out four possible consequences for Trump if the House votes to accuse him for a second time:
‘For those who wonder if it’s worth accusing him this time, it means he:
- Lose his remaining 200k + pension
- Loses his $ 1 million a year travel grant
- Lose lifelong complete secret service details
- Loses his ability to run in 2024. ‘
Celebrities such as comedian Jim Gaffigan and advocacy organizations such as the March for Science shared the report with millions of followers.
The source of the screenshot in the reports is a January 8 tweet from Ben Costiloe, a 57-year-old man living in Texas. He told PolitiFact that he copied the text of something he saw on Facebook.
“I looked at it, and they had no followers,” Costiloe said. His own Twitter following has grown more than ten times since its publication. ‘I thought about it and said,’ Well, that’s not entirely true, but it may be true in a perfect world. ‘That’s why I threw it out there. ‘
But Costiloe’s viral tweet paints a misleading picture of what could happen if Trump is charged again.
If the Democratic-controlled House votes to accuse Trump, it will not automatically lose its benefits after the presidency – two-thirds of the Republican-controlled Senate will have to vote to convict and remove Trump. Trump may lose his ability to run after leaving the White House, but that will not happen just because of accusations.
The Constitution states: “Judgment in the case of indictment shall not extend beyond the removal of the office and incapacity to hold any office of honor, trust or profit under the United States.”
Most of the benefits conferred by presidents have been accepted as part of the Former Presidents Act. Two benefits mentioned in Costiloe’s tweet – an annual life pension of about $ 200,000 and an annual travel allowance of up to $ 1 million – are summarized in the law, which was passed in 1958. The law states that the benefits apply to presidents “whose office is in such office must be terminated other than by removal under Article 4 of Article II of the Constitution of the United States of America.”
The section of the Constitution sets out the process by which a president may be removed from office “in respect of charges of, and conviction of, treason, bribery or other major crimes and offenses.”
“Accusing him does nothing; just convicting him,” said Brian Kalt, a law professor at Michigan State University. “And according to current legislation (the Former Presidents Act), the conviction only deprives him of those benefits if he is convicted while still in office (which seems unlikely to happen).”
Meanwhile, a 1962 secret service law provides protection to former presidents, at their request, “for a reasonable period after leaving office.”
“The FPA offers limited security and travel expenses to former presidents and their spouses, but only if they do not use the protection of the secret service provided under the other separate legislation,” said Demian Brady, director of research for national taxpayers. , said. Union foundation. “The FPA’s benefits therefore specifically limit its benefits in the case of indictment and removal, but the other law that provides protection over secret services is not necessary. A separate law is needed to do so.”
Congress could pass a new law to deprive Trump of his benefits after the presidency, and it would not require the same two-thirds vote that a conviction in the Senate would do. But accusation alone – even the second in Trump’s one-term presidency – would not disqualify Trump from receiving benefits.
On the last point of Costiloe’s tweet, Kalt said that Trump could lose his ability to take his turn again even after leaving office, if the Senate votes to convict him.
The Senate has never convicted an accused president, let alone a former president. However, Michael J. Gerhardt, a professor of law at the University of North Carolina-Chapel Hill, wrote in a post for the Just Security Law Forum that ‘as an accusation begins when an individual is in office, can certainly continue the process after they resign or otherwise leave. ‘
“It is understandable that members of Congress and the American people may lose the appetite to accuse a president once he leaves office forever,” he wrote. “But it is a political choice, not a constitutional mandate.”
If the Senate did convict Trump, the Constitution does not specify how many votes are needed to qualify him for public office. In the past, the Senate has used a simple majority vote to bar three people, all federal judges, from office.
Our verdict
A Facebook message says that if Trump is charged again, he will lose his lifelong pension, travel allowance, details of the secret service and his ability to make him a public official.
The claim misses the point on most points.
If the House votes to accuse Trump, the Senate must convict him while he is still in office to revoke his lifelong pension and travel allowance. With just a few days until Biden takes over the White House, the prospect is unlikely, and Trump’s secret service will remain untouched.
After Trump leaves the White House, the Senate may prevent him from holding public office. Congress could also change the law to deny Trump’s benefits. But none of them would happen simply because of accusation.
The post contains an element of truth, but ignores critical facts that will give a different impression. We judge it mostly false.
Sources
Business Insider, “Here are all the U.S. presidents charged,” February 6, 2020
CNBC, “This is the last time the President of the United States gets a raise,” February 19, 2018
Email from Brian Kalt, a law professor at Michigan State University, January 11, 2021
Email from Demian Brady, Director of Research at the National Taxpayers Union Foundation, January 11, 2021
Facebook Post, January 9, 2021
Facebook post from March for Science, January 10, 2021
GovInfo.gov, Public Law 87-829
The Guardian, “Capitol attack: the five people who died,” 8 January 2021
The Hill, “READ: Lawmakers’ Article of Accusations Against Trump,” January 11, 2021
Instagram post of Jim Gaffigan, January 8, 2021
Interview with Ben Costiloe, January 11, 2021
Just Security, “The Constitution’s Option to Accuse After a President Retires,” January 8, 2021
National Archives, Former Presidents Act
National Constitution Center, The U.S. Constitution
PolitiFact, ‘A Day of Crisis at the American Capitol, Virtually Checked’, January 6, 2021
Snopes, “Does a US President lose the benefits?” 9 January 2021
Tweet by Ben Costiloe, January 8, 2021
US House of Representatives: History, Arts and Archives, a list of individuals charged by the House of Representatives
Vox, “How Congress May Permanently Disqualify Trump After His Accusation of Office,” January 8, 2021