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re: Andrew Weissmann's intentional ignorance on checks and balances.

Posted on 4/29/24 at 8:13 am to
Posted by GumboPot
Member since Mar 2009
119176 posts
Posted on 4/29/24 at 8:13 am to
quote:

This clause clearly shows that the impeachment process has nothing to do with criminal immunity


Other than the fact that you are stripped of immunity for the act upon which the executive has been impeached and removed.
Posted by Indefatigable
Member since Jan 2019
26900 posts
Posted on 4/29/24 at 8:14 am to
quote:

Other than the fact that you are stripped of immunity for the act upon which the executive has been impeached and removed.

No, you are not. The clause says absolutely nothing of the sort.

The only thing it does is make it very clear that impeachment does not have a double jeopardy effect.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424659 posts
Posted on 4/29/24 at 8:20 am to
quote:

Other than the fact that you are stripped of immunity

Immunity has nothing to do with this discussion.

That's a completely different discussion.

Impeachment is political. The result is possible removal from office.

Criminal prosecutions are criminal. The result is possible incarceration.

The Constitution intentionally separates the 2

Immunity deals with the nature of the behavior alleged to be criminal. A President could be theoretically impeached-removed, and be guilty of a crime, that would be thwarted due to immunity for official acts. Now, what that act would be, to get impeached-removed, I do not know, but that's solely up to the House and Senate (not even the USSC can review their determination).
This post was edited on 4/29/24 at 8:22 am
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