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re: Trump’s Boldest Argument Yet: Immunity From Prosecution for Assassinations

Posted on 1/11/24 at 7:44 am to
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425364 posts
Posted on 1/11/24 at 7:44 am to
quote:

Impeachment Judgments Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States


An impeachment-removal proceeding can't have any more punitive effect than removal from office and prohibition of holding future office (a limitation on Congress from creating criminal penalties associated with impeachment, separating the two concepts).

quote:

but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.


An impeachment proceeding is not a replacement for criminal prosecution, so if a President is impeached-removed, he can still be liable for criminal prosecution (again, separating the two concepts and preventing a removed President from claiming he was already "prosecuted" and "convicted")

Nowhere does that clause create a limitation of criminal prosecution via administrative-civil action. The two clauses both strenuously seek to separate the impeachment-removal process and potential criminal prosecution.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
68806 posts
Posted on 1/11/24 at 8:12 am to
quote:

Nowhere does that clause create a limitation of criminal prosecution


Correct. This is not the source of immunity, that is another place. This just explains how to unlock it.
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