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

Posted on 4/29/24 at 10:12 am to
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124272 posts
Posted on 4/29/24 at 10:12 am to
quote:

In a criminal case, they have none.

They have the power to impeach and remove a POTUS for High Crimes, etc. Once removed, the POTUS can prosecuted. That should be the standard.

The concept that an opposition DOJ should be free to malignantly go after an ex-POTUS for acts taken during the Presidency, despite legislative branch failure to remove under Article II of the Constitution for the same, is anathema to the Founders' intent and to our democracy.
Posted by Indefatigable
Member since Jan 2019
26771 posts
Posted on 4/29/24 at 10:18 am to
quote:

The concept that an opposition DOJ should be free to malignantly go after an ex-POTUS for acts taken during the Presidency, despite legislative branch failure to remove under Article II of the Constitution for the same, is anathema to the Founders' intent and to our democracy.

You are correct. They are not “free” to charge or convict him for crimes committed as part of his official duties. He is immune from that after leaving office.

But under no circumstance does any impeachment proceeding impact that situation.

The Founders and Constitution separated impeachment and criminal prosecution. They are not related proceedings, even if they derive from the same act.
This post was edited on 4/29/24 at 10:19 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424110 posts
Posted on 4/29/24 at 10:19 am to
quote:

They have the power to impeach and remove a POTUS

Not a criminal case

quote:

Once removed, the POTUS can prosecuted.

Prior to removal, POTUS can also be prosecuted.

quote:

That should be the standard.

Then you need to change the Constitution.

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