Fake News: A House Impeachment Can NOT Be Overturned If 80% Of Those Voting For It Are Arrested And Judged By A Military Tribunal

Fact Check

  • by: Alan Duke
Fake News: A House Impeachment Can NOT Be Overturned If 80% Of Those Voting For It Are Arrested And Judged By A Military Tribunal

Can a House impeachment of President Trump be overturned if 80% of those voting for it are arrested and judged by a military tribunal? No, that's not true: The U.S. constitution gives the House "sole power" to impeach and the Senate "sole power" to try an impeachment. There is nothing in the constitution or federal law that provides for a military tribunal to "judge" members of Congress or to overturn an impeachment resolution.

The claim is made in a meme (archived here) that was posted on the QAnonOfficial Instagram account on December 19, 2019. The meme featured an image of President Trump with text that read:


This is what social media users saw:

There is nothing in the U.S. constitution or federal law that gives any body other than the House and Senate power over impeachment. The claim that a military tribunal could overturn an impeachment is unfounded.

Let's look at what a military tribunal is and who might be judged by one in the United States. Military tribunals have been used throughout U.S. history, starting in the American Revolution when General George Washington used one to try a British spy who was then executed. Most recently, military tribunals were set up at Guantanamo to try accused terrorists captured on the Afghan battlefield. Questions about if U.S. citizens accused of terrorism could be subjected to a military tribunal led to the passage of the 'Military Commissions Act of 2006.' It specified that military tribunals could be held of "any alien unlawful enemy combatant," which excludes U.S. citizens. Since every member of Congress is a U.S. citizen, they cannot be "arrested and judged" by a military tribunal. You can read the full law here:

Military Commissions Act of 2006 by Alan Duke on Scribd

Lead Stories has debunked several myths about the impeachment process and how President Trump could avoid it, including:

Fake News: Supreme Court Could NOT Overturn 'Obstruction Of Justice' Charges Against Trump

Fake News: Supreme Court Can NOT Extend Trump's Term By Up To 3 Years If He's Acquitted In The Senate

Fake News: If Donald Trump Is Impeached, Mike Pence Could NOT Make Trump President Again By Making Him Vice President And Then Resigning

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  Alan Duke

Editor-in-Chief Alan Duke co-founded Lead Stories after ending a 26-year career with CNN, where he mainly covered entertainment, current affairs and politics. Duke closely covered domestic terrorism cases for CNN, including the Oklahoma City federal building bombing, the UNABOMBER and search for Southeast bomber Eric Robert Rudolph. CNN moved Duke to Los Angeles in 2009 to cover the entertainment beat. Duke also co-hosted a daily podcast with former HLN host Nancy Grace, "Crime Stories with Nancy Grace" and hosted the podcast series "Stan Lee's World: His Real Life Battle with Heroes & Villains." You'll also see Duke in many news documentaries, including on the Reelz channel, CNN and HLN.

Read more about or contact Alan Duke

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