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UConn law professor weighs in on possibility of Trump's impeachment

Kay said an impeachment so late in the president's term presents a few problems.

House Democrats are planning to introduce articles of impeachment against President Trump as soon as tomorrow, and some Republicans have said it's something they would also consider.

The latest draft of the impeachment resolution accuses the president of inciting an insurrection in the form of the U.S. Capitol riot.

"This is an unusual situation obviously for lots of reasons, mostly because it's occurring so late in the late in the president's term," said Richard Kay, who's a professor emeritus at UConn Law.

Kay said an impeachment so late in the president's term presents a few problems.

"One is whether in fact the impeachment and the trial can be conducted before the president leaves office anyway. There are a couple of issues associated with that. The first one is as I read today in the press senator McConell says that Senate rules prevent any business from being taken care of in the Senate until January 19th, which would of course effectively no trial could start until after the president has already left office," said Kay.

So what's the point if the trial can't be started or concluded until after the president has left office?

"There are two and only two penalties for a person convicted of impeachment. One is removal, but the other is qualification from ever holding any office or position under the United States, and there are people who think in the case of President Trump that would be a fitting penalty to impose," said Kay.

There have been also been talks about invoking the 25th Amendment.

That allows for the transfer of power from the president to the vice president in extenuating circumstances when the president is deemed "unable to discharge the powers and duties of his office."

"The rub with that these days is there's one indispensable actor, and that's the vice president and if the vice president as is reported, there's no public statement, if the vice president is unwilling to do it, then this is really a non-starter," said Kay.

The White House and some Republicans say impeachment will only further divide the country.

The Senate would have to have a two-thirds super majority vote to convict.