when does an omission count as an act
Omission (law) An omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the criminal law, an omission will constitute an actus reus and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. In tort law, similarly, liability will be imposed for an omission only exceptionally, when it can be established that the defendant was under a duty to act.
Impeachment in the United States At the federal level, Article Two of the United States Constitution states in Section 4 that "The President, Vice President, and all civil Officers of the United States shall be removed from Office on Impeachment for, and conviction of, Treason, Bribery, or other High Crimes and Misdemeanors."[3] The House of Representatives has the sole power of impeaching,[4] while the United States Senate has the sole power to try all impeachments.[5] The removal of impeached officials is automatic upon conviction in the Senate. In Nixon v. United States (1993), the Supreme Court determined that the federal judiciary cannot review such proceedings.