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

Posted on 4/29/24 at 8:06 am to
Posted by Robin Masters
Birmingham
Member since Jul 2010
30056 posts
Posted on 4/29/24 at 8:06 am to
Federal judge and constitutional law scholar Jay Bybee with a very thorough essay on why SFP is wrong:

LINK

Not to mention the main author of the constitution, Alexander Hamilton:

“The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law.”


Posted by GumboPot
Member since Mar 2009
119065 posts
Posted on 4/29/24 at 8:11 am to
quote:

“The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law.”


This is what I have argued in other threads independent of this Alexander Hamilton quote. It just makes logical sense.


I know deep state operatives would love to have the administrative state as a check against the executive, and many in congress would love to abdicate that power, but without congress maintaining that power the office of the president is just a Christmas tree ornament as we are ruled by unelected bureaucrats.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424106 posts
Posted on 4/29/24 at 8:18 am to
quote:

Federal judge and constitutional law scholar Jay Bybee with a very thorough essay on why SFP is wrong:


You clearly didn't read that. First of all, that article is only about state prosecutions while the President is in office. It's inapplicable to this thread for both reasons.

quote:

Not to mention the main author of the constitution, Alexander Hamilton:

“The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law.”



Again, and? That just argues my point.

You embarrassed yourself on this point this weekend. Do you really want round 2?
Posted by JellyRoll
Member since Apr 2024
110 posts
Posted on 4/29/24 at 8:37 am to
quote:

“The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law.”





Right, it is up to congress to get him removed from office through impeachment and then allow for a criminal trial to take place. That is the method available to provide check and balances of a president. SFP knows this, but he wants the DOJ to be able to bring a president up on charges and trial even as a sitting president.

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