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legal question about impeachment

Posted on 6/5/19 at 7:28 pm
Posted by keakar
Member since Jan 2017
29895 posts
Posted on 6/5/19 at 7:28 pm
i was having a discussion with someone and impeachment came up

well an important question arose and i wanted our legal gurus expertise about it

if trump is impeached, its for whatever happened during his first term, so if they dont impeach until right before or even just after the election, how can they impeach him during his second term for what happened during his first term?

shouldnt the impeachment be limited to his first term only, thereby the clock has run out on their impeachment threats?

the other guy says if he is impeached it doesnt matter and he doesnt escape because he made it to his second term

Posted by Jake88
Member since Apr 2005
68045 posts
Posted on 6/5/19 at 7:30 pm to
I don't know, but they will wait until summer 2020 to begin proceedings for maximum electoral effect.
Posted by Bunyan
He/Him
Member since Oct 2016
20828 posts
Posted on 6/5/19 at 7:31 pm to
quote:

but they will wait until summer 2020 to begin proceedings for maximum electoral effect.

That would be amazing for T

Democrats are tripling down on stupid
Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
15027 posts
Posted on 6/5/19 at 7:32 pm to
quote:

shouldnt the impeachment be limited to his first term only, thereby the clock has run out on their impeachment threats?


No. Not a legal issue man. Impeachment is political.
Posted by McChowder
Hammond
Member since Dec 2006
5218 posts
Posted on 6/5/19 at 7:37 pm to
There is no statute of limitations for impeachment. The question is if the POTUS commited an impeachable offense during his term? The fact that the will of the people were expressed in a second election doesnt matter. You can certainly use it in the court of public opinion but thats about it. Thats JMO
Posted by GetmorewithLes
UK Basketball Fan
Member since Jan 2011
19044 posts
Posted on 6/5/19 at 7:38 pm to
quote:

the other guy says if he is impeached it doesnt matter and he doesnt escape because he made it to his second term



Term doesnt matter in any regard to impeachment. Lets say perhaps that it comes out that the President in his pre President life committed murder or a brutal rape. Congress could impeach him for that and then he/she would have to face the legal consequences afterward.
Posted by TigerRanter
Louisiana
Member since Feb 2005
6703 posts
Posted on 6/5/19 at 7:41 pm to
Obama could still be impeached.
Posted by Mr Reese
Member since Oct 2013
91 posts
Posted on 6/5/19 at 7:43 pm to
Nixon was headed for impeachment and a conviction in his second term had he not resigned. The Watergate break in was during his re-election campaign and happened during his first term.

They are trying to go into Trump’s past looking for crap like tax fraud. If they found something from 10 years ago, they would run with it.

It’s all about the political tide. If you can get it going in your direction, you can try about anything.
Posted by keakar
Member since Jan 2017
29895 posts
Posted on 6/5/19 at 7:45 pm to
quote:

There is no statute of limitations for impeachment. The question is if the POTUS commited an impeachable offense during his term? The fact that the will of the people were expressed in a second election doesnt matter. You can certainly use it in the court of public opinion but thats about it. Thats JMO


ah but therein lies the heart of the question

if he is impeached for something during his first term while still in his first term, then wins the election after they impeach him. since impeachment doesnt not disqualify him from running for office again.

if he wins the second election, then that should absolutely over rule the impeachment, except in name and political spin name calling only, since it only applies to the pre election situation and the new term and new election have no connection to anything that came before it. he is reelected with voters full knowledge of the false claims against him and have dismissed them and spoken as to who they want to represent them.
This post was edited on 6/5/19 at 7:48 pm
Posted by CamdenTiger
Member since Aug 2009
62375 posts
Posted on 6/5/19 at 7:46 pm to
Timing doesn’t matter, but he has to have committed some offense that Has like some evidence. So he might be impeached by the Politics in the House, but he will remain in Office and will be re-elected by the backlash of voters who will know what’s going on....
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48897 posts
Posted on 6/5/19 at 7:47 pm to
He can be impeached by the house but he will never be convicted by the Senate

So the impeachment process is a lost cause from the start
Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
15027 posts
Posted on 6/5/19 at 7:48 pm to
quote:

about impeachment

I'm winging it here but the House decides about Certain High Crimes and Misdemeanors. It's up to the house to decide what this is. Trump will likely be impeached for whatever they deem appropriate not for any illegal crimes committed. It's purely political because the democrats hate him. Our country is getting close to ungovernable because we hate each other. Don't be surprised if some other country kicks our arse somewhere in the future because we can no longer focus on what is important. Think 9/11 times ten. Instead:
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Posted by DoctorO
BTR
Member since Jun 2010
273 posts
Posted on 6/5/19 at 7:52 pm to
Hijacking the thread. If six days before the election, it is discovered that Democrat John Doe wasn’t born in the US; not eve of American citizen parents. How would this be handled?
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 6/5/19 at 7:56 pm to

quote:

e can be impeached by the house but he will never be convicted by the Senate



Thats why i think there will be attempts at massive voter fraud. If they can keep the house and win the senate they will stop at nothing.
You know when they had the WH, the house, and the senate, and they wasted that playing cool and gloating? They most likely learned from that experience and that power would not be wasted again.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48897 posts
Posted on 6/5/19 at 7:56 pm to
quote:

How would this be handled?


Election would go forward and this would get tied up in court for the remainder of the guys term if he won ..sadly
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 6/5/19 at 7:57 pm to
quote:

No. Not a legal issue man. Impeachment is political.




Agree with you for the most part except that, technically, mint peach is legal in the sense that the constitution is a legal document and has procedural elements to it that must be met for impeachment.

There is no statute of limitations to make a peach mint, so assuming congress is status quo post-2020 and Trump is re-elected, they could pull the same bullshite they are pushing now.

And 2022 mid-terms would be glorious.
Posted by keakar
Member since Jan 2017
29895 posts
Posted on 6/5/19 at 7:57 pm to
quote:

He can be impeached by the house but he will never be convicted by the Senate

So the impeachment process is a lost cause from the start


up until this week i would agree, but the senate republicans came out yesterday before trump met with the mexicans and all but declared they will over rule trumps tariffs if need be so the mexicans dont have to agree to anything with trump.

they dont even have his back on something as dangerous as border security then they are no better then democrats, in fact they are worse because they are masquerading themselves as republicans.

i am no longer secure in thinking the senate wouldnt get rid of trump if they had the chance. is anyone really sure they arent the real architects of the coup against trump?

This post was edited on 6/5/19 at 7:59 pm
Posted by Jeff Boomhauer
Arlen, TX
Member since Jun 2016
3552 posts
Posted on 6/5/19 at 7:58 pm to
quote:

how can they impeach him during his second term for what happened during his first term?

shouldnt the impeachment be limited to his first term only, thereby the clock has run out on their impeachment threats?



I don't know the answer the much better question is how can Trump be impeached for something that happened under Obama?
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17127 posts
Posted on 6/5/19 at 7:59 pm to
quote:

ah but therein lies the heart of the question

if he is impeached for something during his first term while still in his first term, then wins the election after they impeach him. since impeachment doesnt not disqualify him from running for office again.

if he wins the second election, then that should absolutely over rule the impeachment, except in name and political spin name calling only, since it only applies to the pre election situation and the new term and new election have no connection to anything that came before it. he is reelected with voters full knowledge of the false claims against him and have dismissed them and spoken as to who they want to represent them.
The impeachment/removal like if it happened right NOW he could still run and win and be POTUS another term. Cannot impeach him 2nd term for what he was already impeached over either, Double Jeopardy and all.
Posted by keakar
Member since Jan 2017
29895 posts
Posted on 6/5/19 at 8:02 pm to
quote:

The impeachment/removal like if it happened right NOW he could still run and win and be POTUS another term. Cannot impeach him 2nd term for what he was already impeached over either, Double Jeopardy and all.


this was my position/opinion in the discussion but i had no idea if it was based in legal precedent or law
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