If RBG passes away while Pres. Trump is under impeachment, can he still nominate a new Supreme Court justice, or does he have to wait til he is cleared of any charges
I'm a not a Constitutional Professor like Obama (insert sarcasm) but I believe unless he is actually removed from office he can is expected to continue to discharge the duties of the Office of President of the United States including the nomination of Supreme Court Justices.
Of course any nominee he puts up, even if its a black, gay, transgender will solicit howls and gnashing of teeth from the Dems and assorted progressives. But that would happen regardless of whether he's under impeachment proceedings or not.
He can nominate anyone to fill a vacancy as long as he is the president. And to clarify he is not under impeachment.
1) The house has not voted to give a committee the power to conduct an impeachment investigation.
2) The house has not voted to impeach.
They are conducting an impeachment inquiry (which is not a legal term). In other terms they are just keeping the term impeachment in the news cycle to appease their radical left wing base.
"But what no one seemed to recall was that when former President Bill Clinton nominated Ruth Bader Ginsburg to fill the seat left vacant by Justice Byron White in 1993, Clinton was under criminal investigation. Her confirmation was nearly unanimous — 96-3 — just 42 days later.
A year later in 1994, Clinton was under subpoena when Justice Harry Blackmun retired. In spite of that, he nominated Justice Stephen Breyer — who was confirmed with a vote of 87-9 and no significant delays."