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Started By
Message
re: Fani wins
Posted on 3/16/24 at 11:49 am to AMS
Posted on 3/16/24 at 11:49 am to AMS
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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