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re: SCOTUS isn’t going to mess with immunity

Posted on 4/26/24 at 12:38 pm to
Posted by Robin Masters
Birmingham
Member since Jul 2010
29764 posts
Posted on 4/26/24 at 12:38 pm to
quote:

Why would the following clause be needed at all then?


It wouldnt. In fact the only reason it exists is to define what the party convicted by the senate might face. Thats why they use a colon and then start the clause with “but” (because they are explaining what happens once the party is convicted).

Another way to say it would be:

Impeachment can only result in loss of your job BUT once you are impeached you can be prosecuted for your crimes.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 4/26/24 at 12:41 pm to
quote:

In this case Trump is a party not convicted.

And?

Clearly he's not facing double jeopardy, then.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 4/26/24 at 12:42 pm to
quote:

Why would the following clause be needed at all then?

The one clarifying that "conviction" is not one for criminal matters, ie, double jeopardy does not apply?
Posted by Robin Masters
Birmingham
Member since Jul 2010
29764 posts
Posted on 4/26/24 at 1:01 pm to
quote:

The one clarifying that "conviction" is not one for criminal matters,


lWhere does it clarify that? All I see is that it limits the punishments available.
Posted by jrodLSUke
Premium
Member since Jan 2011
22149 posts
Posted on 4/26/24 at 1:13 pm to
quote:

SCOTUS will issue a ruling that ensures there will be no trial before the election.

Why is it so necessary that the trial be help before the election?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 4/26/24 at 1:13 pm to
quote:

lWhere does it clarify that?

by explaining the "conviction" in the Senate doesn't preclude future criminal litigation.

quote:

All I see is that it limits the punishments available.

Then you're reading it wrong.

It separates the punishments/processes. It doesn't limit either.
Posted by Robin Masters
Birmingham
Member since Jul 2010
29764 posts
Posted on 4/26/24 at 1:18 pm to
quote:

It separates the punishments/processes. It doesn't limit either


Wrong.

The use of a colon should have tipped you off.
Posted by moneyg
Member since Jun 2006
56501 posts
Posted on 4/26/24 at 1:21 pm to
quote:

Clearly he's not facing double jeopardy, then.


What do you mean?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 4/26/24 at 1:22 pm to
quote:

The use of a colon should have tipped you off.



Well you have refused to answer my question earlier, but it's clear the result is the same either way.

You can argue dishonestly elsewhere.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 4/26/24 at 1:23 pm to
quote:

What do you mean?

If he's not facing double jeopardy, why would a clarification regarding the impacts of a Senate "conviction" on double jeopardy matter to him? It doesn't apply to him either way.
Posted by Robin Masters
Birmingham
Member since Jul 2010
29764 posts
Posted on 4/26/24 at 1:23 pm to
And if what you’re saying is true the entire impeachment process is superfluous.

Just let the courts handle it and anyone convicted will be ineligible.
Posted by Robin Masters
Birmingham
Member since Jul 2010
29764 posts
Posted on 4/26/24 at 1:25 pm to
quote:

ell you have refused to answer my question earlier,


What question was that?
Posted by bluedragon
Birmingham
Member since May 2020
6494 posts
Posted on 4/26/24 at 1:28 pm to
exactly,

considering he has a responsibility to protect the Constitution ....all State actions to violate Federal and state Constitutions makes all his actions perfectly legal.

Every state that allowed courts to change voting laws, violated their Constitutions and those of the Federal Government.
Posted by Robin Masters
Birmingham
Member since Jul 2010
29764 posts
Posted on 4/26/24 at 1:29 pm to
quote:

he's not facing double jeopardy, why would a clarification regarding the impacts of a Senate "conviction" on double jeopardy matter to him? It doesn't apply to him either way.


It’s not. It’s clarifying that while the impeachment conviction only carries loss of job the “party convicted” can be tried criminally. Thats why there is a colon, because the latter defines an exception to the former.
Posted by moneyg
Member since Jun 2006
56501 posts
Posted on 4/26/24 at 1:32 pm to
quote:

The one clarifying that "conviction" is not one for criminal matters, ie, double jeopardy does not apply?



If that clause was meant to address double jeopardy, why would it reference the party convicted instead of the party impeached? Certainly double jeopardy is applicable to the party who would be acquitted too. Yet, it doesn't address that.

Why do you think they referenced the "party convicted". You haven't explained that in a meaningful way yet.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 4/26/24 at 1:33 pm to
What specific language makes a Senate "conviction" a requirement to future prosecution?

You do know that we have impeachment examples outside of POTUS, right?

Look at Alcee Hastings.

1. Acquitted at criminal trial in 1983
2. Impeached and removed in 1989 for overlapping behavior to the 1983 trial

If your system is correct, how in the hell did THAT happen?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 4/26/24 at 1:36 pm to
quote:

If that clause was meant to address double jeopardy, why would it reference the party convicted instead of the party impeached?

Think about that for a second.

quote:

Certainly double jeopardy is applicable to the party who would be acquitted too.

Sure, but the example of a prior conviction is better for clarify.

It's the same argument for both.

Again, Hastings literally argued double jeopardy at his Senate trial
Posted by moneyg
Member since Jun 2006
56501 posts
Posted on 4/26/24 at 1:40 pm to
quote:

If that clause was meant to address double jeopardy, why would it reference the party convicted instead of the party impeached?

Think about that for a second.



How about you just answer it.

quote:

Sure, but the example of a prior conviction is better for clarify.

That's your answer?

quote:

Again, Hastings literally argued double jeopardy at his Senate trial



and? Explain how that is relevant.


Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 4/26/24 at 1:43 pm to
quote:

How about you just answer it.

The 2 are related but conviction is the disqualifying action. Why would they write a discussion about the differences in a criminal prosecution/conviction and a Senate prosecution/conviction by referencing the HOR impeachment process?

Posted by Robin Masters
Birmingham
Member since Jul 2010
29764 posts
Posted on 4/26/24 at 1:46 pm to
quote:

What specific language makes a Senate "conviction" a requirement to future prosecution?


When they define the party eligible for indictment, ect as the “party convicted”. Who else besides someone convicted by the senate would this apply to?
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