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re: Andrew Weissmann's intentional ignorance on checks and balances.
Posted on 4/29/24 at 10:26 am to SlowFlowPro
Posted on 4/29/24 at 10:26 am to SlowFlowPro
quote:
I specified "in a criminal case".
The Constitution clearly distinguishes the impeachment-removal process from criminal process. They are not the same thing and do not overlap.
Not this shite again
Clinton lied under oath, and obstructed justice. Criminal offenses. Was impeached, and was acquitted. Faced no other criminal indictments to this day
Andrew Johnson willingly and opened violated a statute. He also made threats against the Congress. He was impeached and acquitted. And faced no more criminal indictments from that time forward
The President is singled out in the Constitution as being different than any other federal official. If they are not removed from office for their "High crimes and misdemeanors", and after 235 years of precedence, that ends the prosecution (or persecution, if you will).
The Constitution also clearly states, only IF CONVICTED is the person subject to further legal action
quote:
but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
There is no ambiguity to that statement. And since no President has ever been convicted by the Senate, you really are just howling at the moon, until that day
Posted on 4/29/24 at 10:29 am to RobbBobb
quote:
Clinton lied under oath, and obstructed justice. Criminal offenses. Was impeached, and was acquitted. Faced no other criminal indictments to this day
Andrew Johnson willingly and opened violated a statute. He also made threats against the Congress. He was impeached and acquitted. And faced no more criminal indictments from that time forward
Literally irrelevant. The choice not to prosecute in either case (1) had nothing to do with impeachment-removal and (2) has no precedential value
quote:
The Constitution also clearly states, only IF CONVICTED is the person subject to further legal action
That is not what it says. That's a statement about Double Jeopardy.
quote:
There is no ambiguity to that statement.
You're right. It's clearly a statement about Double Jeopardy.
Here is an actual appellate court (agreeing with another one) on the issue:
quote:
In this case, appellant contends that as an active federal judge he has an absolute right not to be tried in a federal court unless and until he is impeached and convicted by Congress. Like the right secured by the speech or debate clause in Helstoski or the right secured by the double jeopardy clause in Abney, the right asserted by Hastings is the freedom from the obligation to endure a criminal trial which would be wholly deprived of meaning if he were forced to undergo trial before he could assert it. See United States v. Brizendine, 659 F.2d 215, 219 (D.C. Cir. 1981).
quote:
We find no merit in appellant's argument. Rather, we agree with the seventh circuit that this portion of section 3 was intended "to assure that after impeachment a trial on criminal charges is not foreclosed by the principle of double jeopardy." United States v. Isaacs, 493 F.2d at 1142.8 Read in this light, section 3 represents an attempt by the framers to anticipate and respond to questions that might arise regarding the procedural rights of the accused during the impeachment process. Like article III, § 2, cl. 3 which provides that the right to trial by jury does not extend to impeachment proceedings,9 section 3 serves to clarify the rights of civil officers accused of high crimes and misdemeanors, not to limit the jurisdiction of article III courts.
Multiple federal appellate courts agree. 0 accept your interpretation.
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