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re: USSC: Requiring Impeachment prior to prosecution has "little support" in the Constitution

Posted on 7/1/24 at 10:14 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476617 posts
Posted on 7/1/24 at 10:14 am to
quote:

by pulling an asinine legal theory out of their collective asses r

They did not do this. The NPCs were given a script to repeat by their echo chamber content creators.
Posted by SG_Geaux
Beautiful St George, LA
Member since Aug 2004
80686 posts
Posted on 7/1/24 at 10:15 am to
Here is some more attention for you
Posted by Sofaking2
Member since Apr 2023
21177 posts
Posted on 7/1/24 at 10:18 am to
2 completely different reports, lol. 1 conservative CajunAngelle and 1 liberal no flow pro.
Posted by JimEverett
Member since May 2020
2401 posts
Posted on 7/1/24 at 10:23 am to
Actually - reading it now and it is clear there is a distinction.

First of all the matter briefed by Trump obviously concerned a former President - that is the issue the Court was addressing.

Second, Robert's makes clear the distinction when he writes
quote:

And contrary
to Trump’s contention, Alexander Hamilton did not disagree. The Federalist Papers on which Trump relies, see
Brief for Petitioner 17–18, concerned the checks available
against a sitting President. Hamilton noted that unlike
“the King of Great-Britain,” the President “would be liable
to be impeached” and “removed from office,” and “would afterwards be liable to prosecution and punishment.” The
Federalist No. 69, at 463; see also id., No. 77, at 520 (explaining that the President is “at all times liable to impeachment, trial, dismission from office . . . and to the forfeiture of life and estate by subsequent prosecution”).
Hamilton did not endorse or even consider whether the Impeachment Judgment Clause immunizes a former President from prosecution.



And further
quote:

. . . a President who evades impeachemnt for one reason or another during his term in office can never be held accountable for his criminal
acts in the ordinary course of law. So if a President manages to conceal certain crimes throughout his Presidency,
or if Congress is unable to muster the political will to impeach the President for his crimes, then they must forever
remain impervious to prosecution


Seems more than likely that Roberts is talking about the precise situation at hand - a former President relying on the impeachment judgment clause as opposed to a sitting President relying on it.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476617 posts
Posted on 7/1/24 at 10:27 am to
quote:

Seems more than likely that Roberts is talking about the precise situation at hand - a former President relying on the impeachment judgment clause as opposed to a sitting President relying on it.


Go read the whole part where he addresses "Trump's theory"

quote:

The implication of Trump’s theory is that a President who evades impeachment for one reason or another during his term in office can never be held accountable for his criminal acts in the ordinary course of law. So if a President manages to conceal certain crimes throughout his Presidency, or if Congress is unable to muster the political will to impeach the President for his crimes, then they must forever remain impervious to prosecution.

Impeachment is a political process by which Congress can remove a President who has committed “Treason, Bribery, or other high Crimes and Misdemeanors.” Art. II, §4. Transforming that political process into a necessary step in the enforcement of criminal law finds little support in the text of the Constitution or the structure of our Government.


He specifically labels impeachment a "political process" and distinguishes it fully from criminal prosecution.
Posted by dkreller
Laffy
Member since Jan 2009
33967 posts
Posted on 7/1/24 at 10:30 am to
Impeachment has always been a “test the waters” political ploy.
Posted by JimEverett
Member since May 2020
2401 posts
Posted on 7/1/24 at 10:33 am to
That is clearly in the context of "Trump's theory" - which concerns a former President, not a sitting President.

Furthermore, the concern Roberts is addressing: that a President can evade criminal liability simply by avoiding (for one reason or another) the political process of impeachment and conviction - does not apply to the case of a sitting President.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476617 posts
Posted on 7/1/24 at 10:34 am to
quote:

Furthermore, the concern Roberts is addressing: that a President can evade criminal liability simply by avoiding (for one reason or another) the political process of impeachment and conviction - does not apply to the case of a sitting President.


Find the distinction you're claiming within this:

quote:

Impeachment is a political process by which Congress can remove a President who has committed “Treason, Bribery, or other high Crimes and Misdemeanors.” Art. II, §4. Transforming that political process into a necessary step in the enforcement of criminal law finds little support in the text of the Constitution or the structure of our Government.
Posted by ole man
Baton Rouge
Member since Nov 2007
18012 posts
Posted on 7/1/24 at 10:57 am to
deal with it, you loose again its gonna happen some more, shite you may ultimately have a frickin stroke,
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476617 posts
Posted on 7/1/24 at 10:58 am to
quote:

deal with it, you loose again


I am not, in fact, Gretchen Whitmer
Posted by JimEverett
Member since May 2020
2401 posts
Posted on 7/1/24 at 11:00 am to
The issue itself is the distinction. Roberts is discussing - and made clear by the preceding paragraph[s] - the issue before the court: immunity from prosecution for a former President.

Roberts is concerned with the idea, as is Trump, that a former President can become immune from criminal prosecution just by avoiding the political process of impeachment while in office.
The analysis of the impeachment judgment clause can be (although not necessarily) different in the case of a sitting President - dues in no small part to the different concerns the Court would be wrestling with.

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