Started By
Message

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

Posted on 4/29/24 at 10:51 am to
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124365 posts
Posted on 4/29/24 at 10:51 am to
quote:

Quoted prior to your post.
Cite it or link it.
I'm tired of milling through treads on Easter Egg hunts for posts which you claim say something that they actually don't.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424659 posts
Posted on 4/29/24 at 10:55 am to
There were no replies, so I have to just copy-quote

quote:

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.

first pageprev pagePage 1 of 1Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram