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

Posted on 2/3/21 at 10:24 pm to
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 Indefatigable
Member since Jan 2019
26985 posts
Posted on 2/3/21 at 10:30 pm to
quote:

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.


So federal officials should have free reign for the last few weeks of their terms? Why would the same principle not apply? The framework clearly did not intend for lame ducks to be untouchable or their actions unsanctionable.
This post was edited on 2/3/21 at 10:32 pm
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