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re: SCOTUS isn’t going to mess with immunity

Posted on 4/25/24 at 3:09 pm to
Posted by CreoleTigerEsq
Noneya
Member since Nov 2007
644 posts
Posted on 4/25/24 at 3:09 pm to
quote:

"But the party convicted" will then..


The words "will then" are no where within that Constitutional provision. That amendment basically states that a party convicted can also be subject to criminal prosecution.

It says nothing about acquittal, which means the amendment was adopted with the framework of advising that acquittal or conviction of impeachment by Congress and the Senate have no bearing on a subsequent criminal prosecution after the impeachment process has concluded.
This post was edited on 4/25/24 at 3:13 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425080 posts
Posted on 4/25/24 at 3:12 pm to
quote:

That amendment basically states that party convicted can also be subject to criminal prosecution.

It says nothing about acquittal, which means the amendment was adopted with the framework of advising that acquittal or conviction of impeachment by Congress and the Senate have no bearing on a subsequent criminal prosecution after the impeachment process has concluded.

Exactly.

Manufacturing this impeachment-acquittal as a required step for criminal prosecution would be the biggest legislation from the bench and invention of Constitutional law since Roe v Wade.
Posted by The Boat
Member since Oct 2008
164581 posts
Posted on 4/25/24 at 3:26 pm to
quote:

It says nothing about acquittal, which means the amendment was adopted with the framework of advising that acquittal or conviction of impeachment by Congress and the Senate have no bearing on a subsequent criminal prosecution after the impeachment process has concluded.

Ignore the "party convicted" wording all you want. If a politician doesn't first have to be removed from office to lose immunity they wouldn't have included the "convicted party" wording. But you have esq in your username so it's safe to say you're an intellectually dishonest dumbass.
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