note: not asking specifically about Trump & Cuomo.

A recent US president was impeached twice in their first term by the US House and both times acquitted by the Senate. The second trial from February 9 to 13 2021 was close to the end of their term and since the election was lost they wouldn't be returning.

If I understand correctly, arguments against a conviction included "the sole remedy for impeachment and conviction is removal from office and Trump was no longer holding the office" while for a "conviction" included preventing them from running again.

In the impeachment of a New York State governor would a conviction also prevent them from running again?

This question is inspired by (but not limited to) something in the recent CNN news item New York lawmakers suspend Cuomo impeachment investigation:

New York state lawmakers will halt the impeachment investigation against New York Gov. Andrew Cuomo, who resigned this week and will leave office on August 25, state Assembly Speaker Carl Heastie announced on Friday afternoon.

In a statement, Heastie said Cuomo's resignation effectively eliminated the central question of the probe -- "whether Governor Cuomo should remain in office" -- and that Judiciary Committee Chairman Charles Lavine advised him, with the guidance of counsel, that the state constitution "does not authorize the legislature to impeach and remove an elected official who is no longer in office."

which brings up this governor's resignation as a reason to suspend the impeachment.

Question: In general, what is the differences between the impeachment and conviction of US president and New York State governor once they are out of office?

Do they carry the same or different repercussions in terms of punishment, deterrence (for the recipient and for future candidates) and future career, financial and political opportunities?


1 Answer 1


From the New York State Constitution

§24. The assembly shall have the power of impeachment by a vote of a majority of all the members elected thereto. The court for the trial of impeachments shall be composed of the president of the senate, the senators, or the major part of them, and the judges of the court of appeals, or the major part of them. On the trial of an impeachment against the governor or lieutenant-governor, neither the lieutenant-governor nor the temporary president of the senate shall act as a member of the court. No judicial officer shall exercise his or her office after articles of impeachment against him or her shall have been preferred to the senate, until he or she shall have been acquitted. Before the trial of an impeachment, the members of the court shall take an oath or affirmation truly and impartially to try the impeachment according to the evidence, and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold and enjoy any public office of honor, trust, or profit under this state; but the party impeached shall be liable to indictment and punishment according to law. (Amended by vote of the people November 6, 2001.)

The clause I highlighted shows that the consequences are essentially the same as federal impeachments: they can be removed from office and also optionally disqualified from holding office in the future.

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