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re: Trump cannot be tried for J6 under double jeopardy clause.

Posted on 8/2/23 at 8:48 pm to
Posted by Fun Bunch
New Orleans
Member since May 2008
130110 posts
Posted on 8/2/23 at 8:48 pm to
Trump has many legal challenges to these charges that I think could be successful. They are bullshite.

This is not one of them and it’s completely laughable.
Posted by Fun Bunch
New Orleans
Member since May 2008
130110 posts
Posted on 8/2/23 at 8:49 pm to
quote:

You have to admit, it’s an interesting theory.


It’s dumb. It’s the kind of thing a 1L would try to bring up
Posted by cwill
Member since Jan 2005
54755 posts
Posted on 8/2/23 at 8:50 pm to
This is the hill the dummies will die on…then regenerate and…find the next dumb maga hill to die on.
Posted by Riverside
Member since Jul 2022
10540 posts
Posted on 8/2/23 at 8:56 pm to
Clever argument. Let’s take it to the Clarance Thomas Supreme Court.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
70940 posts
Posted on 8/2/23 at 9:00 pm to
They are simultaneously trying to eliminate certain members of the supreme court, so they've got that bit covered.
Posted by GumboPot
Member since Mar 2009
140573 posts
Posted on 8/2/23 at 9:09 pm to
quote:

This is the hill the dummies will die on…then regenerate and…find the next dumb maga hill to die on.


Sounds like something someone that believes impeachment means removal would say.
Posted by cwill
Member since Jan 2005
54755 posts
Posted on 8/2/23 at 9:14 pm to
quote:

Sounds like something someone that believes impeachment means removal would say.


Sounds like word salad. Broken brained gumbro.
Posted by BigTigerJoe
Member since Aug 2022
13923 posts
Posted on 8/2/23 at 9:16 pm to
quote:

You think they care about the law?

Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
28517 posts
Posted on 8/2/23 at 9:25 pm to
My initial reaction was to dismiss this as silly but:

quote:

One of the Constitution’s Impeachment Clauses, in Article I, Section 3, Clause 7, does say that a person who has been convicted by the Senate in an impeachment trial can still face a federal criminal trial: “the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.” It does not say that a person who has been acquitted by the Senate can still be subject to the criminal process. Arguably, the Constitution intended to protect an acquitted official.


...this does suggest that the framers saw enough of a double Jeopardy issue to address it for the convicted but then pointedly ignore it for the acquitted.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
49502 posts
Posted on 8/2/23 at 10:08 pm to
quote:

It’s a stretch, to say the least.

And the last thing a DEM wants to do is "stretch" the truth or the narrative or the optics

nope - DEMs always stick to hard facts that have no rebuttal at all

or not ----
Posted by faraway
Member since Nov 2022
3781 posts
Posted on 8/2/23 at 10:15 pm to
quote:

Nixon, had he been removed, could still face criminal trial.


you don't really know that.
Posted by WhiteMandingo
Member since Jan 2016
7882 posts
Posted on 8/2/23 at 10:25 pm to
Rules of law do not apply to DJT.
The difference is democrats use special council and go for blood Republicans do it and refuse to ruffle feathers 3 years after it started.
Republicans lack the nuts to lead with power
Posted by DaveyJones12
Member since Dec 2022
358 posts
Posted on 8/2/23 at 10:28 pm to
no it’s not, it’s idiotic and the only thing it hinges on is if the reader (you) are dumb enough to go along with it
Posted by TerryDawg03
The Deep South
Member since Dec 2012
17950 posts
Posted on 8/2/23 at 10:32 pm to
The indictment is bs, but this argument is horrible.

Also worth noting that the Senate passed a resolution before the faux trial proceedings acknowledging that it was not constitutional, which also doesn’t help the OP’s argument for double jeopardy.
Posted by GumboPot
Member since Mar 2009
140573 posts
Posted on 8/2/23 at 10:38 pm to
quote:

Also worth noting that the Senate passed a resolution before the faux trial proceedings acknowledging that it was not constitutional


Wait, so after the house impeached Trump then the senate has a constitutional duty to hold a trial, they proceed to hold the trial but before they start they pass a resolution that the trial is not constitutional?

Do you have a link to this resolution?
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30397 posts
Posted on 8/2/23 at 10:48 pm to
This is absolutely laughable and I would be nonplussed if I found out an attorney wrote that garbage.

The trial in the Senate does not impose any criminal jeopardy because there are no criminal penalties available to the Senate which is what the double jeopardy clause is there to prevent. There is simply no criminal jeopardy attached to an impeachment conviction.

This is akin to saying if someone is fired for stealing they can't be tried for stealing and sentenced to fines and/or jail time.

Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26833 posts
Posted on 8/2/23 at 10:52 pm to
quote:

And the last thing a DEM wants to do is "stretch" the truth or the narrative or the optics nope - DEMs always stick to hard facts that have no rebuttal at all or not ----


Posted by El_chantajista
Lafayette Louisiana
Member since Jan 2020
826 posts
Posted on 8/2/23 at 11:21 pm to
It’s bout tying trump up with so much legal problems, it will severely hinder trumps election chances to win , biden even admittec that was the plan
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26833 posts
Posted on 8/2/23 at 11:25 pm to
quote:

this does suggest that the framers saw enough of a double Jeopardy issue to address it for the convicted but then pointedly ignore it for the acquitted.


Or they were simply drawing the distinction that an impeachment has nothing to do with a criminal proceeding.
Posted by dukkbill
Member since Aug 2012
1050 posts
Posted on 8/3/23 at 3:39 am to
Thanks for sharing. This is not a unique issue. It has been reviewed in the reverse, that is whether an acquittal in court bars a Senate impeachment, and was an issue with Agnew based on tax evasion

The DoJ has addressed the issue in more detail, and their memorandum appears here K. It’s a good analysis snd interesting read if you are interested in the topic
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