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re: How the frick can a non sitting president be impeached?

Posted on 2/3/21 at 9:59 pm to
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/3/21 at 9:59 pm to
quote:

How the frick can a non sitting president be impeached?
He cannot.

Of course, Trump was still the sitting POTUS when the House impeached him.

The question is whether a duly-impeached official can be TRIED on his impeachment after leaving office. Reconstruction-era Senate precedent says “yes,” but SCOTUS has never addressed the question.
This post was edited on 2/3/21 at 10:04 pm
Posted by momentoftruth87
Member since Oct 2013
72437 posts
Posted on 2/3/21 at 10:01 pm to
They probably don't even have the articles yet
Posted by timdonaghyswhistle
Member since Jul 2018
16385 posts
Posted on 2/3/21 at 10:03 pm to
It's all a moot point for as much as the Senate Republicans hate Trump, they'd rather leap from the top of the Washington Monument than vote to convict him.
Posted by LSULaw2009
Baton Rouge
Member since Feb 2008
1697 posts
Posted on 2/3/21 at 10:24 pm to
quote:


The question is whether a duly-impeached official can be TRIED on his impeachment after leaving office. Reconstruction-era Senate precedent says “yes,” but SCOTUS has never addressed the question.


The problem with people trying to rely on the so called precedent is the individual in that case resigned to avoid the impeachment vote. Trump's term of office expired by law. That seems to be conveniently ignored.

The entire premise of the "precedent" is that federal officials shouldn't be able to resign prematurely to avoid impeachment. That's not applicable here.
Posted by League Champs
Bayou Self
Member since Oct 2012
10340 posts
Posted on 2/3/21 at 11:37 pm to
quote:

Reconstruction-era Senate precedent says “yes,”

No they didn't.

In fact, the Senate voted for acquittal, specifically stating that they had no authority over a civilian.
Posted by pbro62
Baton Rouge
Member since May 2016
11573 posts
Posted on 2/9/21 at 10:10 am to
frick off ambulance chaser
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67524 posts
Posted on 2/9/21 at 10:58 am to
quote:

How the frick can a non sitting president be impeached?

quote:

He cannot.

Agree

quote:

The question is whether a duly-impeached official can be TRIED on his impeachment after leaving office. Reconstruction-era Senate precedent says “yes,”

It's still unconstitutional bc the PURPOSE of the trial is to remove a sitting President and NOTHING else.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67524 posts
Posted on 2/9/21 at 10:59 am to
dp
This post was edited on 2/9/21 at 11:00 am
Posted by Crimson1st
Birmingham, AL
Member since Nov 2010
20283 posts
Posted on 2/9/21 at 12:45 pm to
quote:

The question is whether a duly-impeached official can be TRIED on his impeachment after leaving office. Reconstruction-era Senate precedent says “yes,” but SCOTUS has never addressed the question.




When the Chief Justice of SCOTUS refuses to preside over the trial, the SCOTUS has answered.
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