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Started By
Message
re: SCOTUS isn’t going to mess with immunity
Posted on 4/26/24 at 11:50 am to moneyg
Posted on 4/26/24 at 11:50 am to moneyg
quote:
I realize the consensus legal opinion matches what you are saying but the text is not nearly as clear as you pretend.
Again, that line is just saying that a party convicted by the Senate may still face criminal prosecution (following the trend of the clause in separating the two actions).
Nowhere does it make it a requirement. No language states, nor implies, this.
The clear theme and intent of the clause is to separate the two concepts. That's why people keep asking for those trying to link them to find the language doing so.
Posted on 4/26/24 at 11:53 am to SlowFlowPro
To just add
The clause (which separates the 2 concepts) is initially framed around "Judgment in cases of impeachment"
That is the reason why they clarify "the party convicted" can still face criminal prosecution.
Like boosie said, "nevertheless" should make this clear.
The clause (which separates the 2 concepts) is initially framed around "Judgment in cases of impeachment"
That is the reason why they clarify "the party convicted" can still face criminal prosecution.
Like boosie said, "nevertheless" should make this clear.
Posted on 4/26/24 at 11:58 am to SlowFlowPro
quote:
Nowhere does it make it a requirement. No language states, nor implies, this.
They made it a requirement when they qualify the party as one that has been convicted.
Posted on 4/26/24 at 12:18 pm to SlowFlowPro
quote:
Again, that line is just saying that a party convicted by the Senate may still face criminal prosecution (following the trend of the clause in separating the two actions).
That’s the interpretation that you were taught. It may be the interpretation that the USSC would agree with.
It doesn’t say what you pretend it says.
quote:
Nowhere does it make it a requirement
One could make a real strong argument otherwise. The language limits prosecution to the convicted party.
quote:
The clear theme and intent of the clause is to separate the two concepts. That's why people keep asking for those trying to link them to find the language doing so.
Maybe. I can say for certain you haven’t made a persuasive case for that.
Let’s be honest. You only have that opinion because you were told to. You aren’t interpreting this on your own.
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