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re: Fani wins

Posted on 3/16/24 at 11:46 am to
Posted by AMS
Member since Apr 2016
6498 posts
Posted on 3/16/24 at 11:46 am to
quote:

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


Clearly "indictment, trial, judgment, and punishment" of a sitting President is possible, per the Constitution, and this is a separate process from the Congressional impeachment-removal process.


thats not how that reads to me.
seems like the party convicted by the senate following impeachment is liable for indictment trial judgement and punishment. This does not all suggest you can charge a sitting president imo, no clue where you imagine this into the wording.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425063 posts
Posted on 3/16/24 at 11:49 am to
quote:

seems like the party convicted by the senate following impeachment is liable for indictment trial judgement and punishment.

It's clarifying that the Senate "conviction" would not preclude criminal prosecution.

From the DOJ memo referenced earlier:

quote:

The OLC memorandum explained, however, that the use of the term ‘ ‘neverthe less” cast doubt on the argument that the Impeachment Judgment Clause con stitutes a bar to the prosecution of a person subject to impeachment prior to the termination of impeachment proceedings. Id. at 3. “Nevertheless” indicates that the Framers intended the Clause to signify only that prior conviction in the Senate would not constitute a bar to subsequent prosecution, not that prosecution of a person subject to impeachment could occur only after conviction in the Senate. Id. “The purpose of this clause thus is to permit criminal prosecution in spite of the prior adjudication by the Senate, i.e., to forestall a double jeopardy argu ment.”
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