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Re: Impeachment Trial...honest question? [Re: Mac84] #15702774 01/25/21
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Paul_M Offline
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Originally Posted by Mac84
I read an article from some retired federal judge who said the constitution states impeachment is for an incumbent only and a trial would be unconstitutional

A judge should know better.
https://constitutioncenter.org/interactive-constitution/full-text
Impeachment is done by the House and it is covered in Article 1 Sec. 2. Nowhere does it state it is for incumbents only. This is all it says.

The House of Representatives shall chuse their Speaker and other Officers;and shall have the sole Power of Impeachment.

A trial in the Senate is covered in Article 1 Sec. 3. I think unfortunately the SCOTUS would rule it is ok as one of the punishments is to bar the person from holding further office.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Don't forget the entrenched politicians want Trump gone forever.
The part I highlighted, this is how the R's will stab him in the back if they want to, while pretending to defend him.
Right now the D's have 48 seats with 2 Independents who will vote with them.
If the R's make a big stink about this being unfair/unconstitutional and they will boycott the proceedings, all they have to do is get enough to sit out so that the D's votes encompass the 2/3rds majority.
If they start talking boycott, this is their plan and people need to light up their phone lines and let them know, we know what you are doing you back stabbing bastids.


Molɔ̀ːn Labé Skýla
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Re: Impeachment Trial...honest question? [Re: AcesNeights] #15702783 01/25/21
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Nothing matters to a communist except what they want and do. No rule of law anymore.

Re: Impeachment Trial...honest question? [Re: AcesNeights] #15702790 01/25/21
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This action is NOT about 2024.



Epstein didn't kill himself.

Biden didn't win the election.
Re: Impeachment Trial...honest question? [Re: AcesNeights] #15702810 01/25/21
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It's very unlikely that there would be enough votes to convict Trump assuming a trial is held. Seventeen Republicans would have to vote to convict to get to the 67 required. If Trump is acquitted I don't think that will help the Democrats. We will have to wait and see what happens.

Re: Impeachment Trial...honest question? [Re: bowmanh] #15702826 01/25/21
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Originally Posted by bowmanh
It's very unlikely that there would be enough votes to convict Trump assuming a trial is held. Seventeen Republicans would have to vote to convict to get to the 67 required. If Trump is acquitted I don't think that will help the Democrats. We will have to wait and see what happens.


May not help, how can it harm?

They have complete control of the election process, cept for a few states like TX.

That's why Biden is tearing down the wall and flooding the Southern border with illegals and granting amnesty. So they will soon control TX as well.

Last edited by steve4102; 01/25/21.

Give a man a fish and he eats for a day. Give a man a welfare check, a forty ounce malt liquor, a crack pipe, an Obama phone, free health insurance. and some Air Jordan's and he votes Democrat for a lifetime.
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Re: Impeachment Trial...honest question? [Re: AcesNeights] #15702863 01/25/21
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Fear of Trumps return, nothing more, but fear of what?

The extra constitutional three letter agencies, these agencies such as the FBI, DEA, ATF, DOE and EPA, these massive bureaucracies, would feel the axe hanging over their necks. These are the dam's that keep the swamp full, what corrupt politicians float on. To drain the swamp you have to destroy the dam's.


The older I become the more I am convinced that the voice of honor in a man's heart is the voice of GOD.
Re: Impeachment Trial...honest question? [Re: AB2506] #15702922 01/25/21
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Originally Posted by AB2506
I listened to a lot of satellite radio on Saturday. Fox and the Patriot channel. All the commentators said impeachment is to be used to remove a politician from office, not against a private citizen. Jonathan Turley said that what crazy Nancy is doing is unconstitutional.

nothing new for her


We can keep Larry Root and all his idiotic blabber and user names on here, but we can't get Ralph back..... Whiskey Tango Foxtrot, over....
Re: Impeachment Trial...honest question? [Re: Osky] #15703134 01/25/21
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Originally Posted by Osky
Impeachment is used to remove one from office, and Barr’s them from holding a future position of honor in the government.


Osky


Not quite. Impeachment removes them from the office they currently hold. In order to prevent them from holding office again requires a separate trial. Trump does not currently hold an office and is a private citizen and there is NOTHING in the Constitution that says the senate can hold a trial on a private citizen. Remember the only authority the government has is the Constitution. Granted the govt has seized power they are not authorized to have but the concept still remains.


You get out of life what you are willing to accept. If you ain't happy, do something about it!
Re: Impeachment Trial...honest question? [Re: AcesNeights] #15703211 01/25/21
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This is the drum I will continue to pound.
Senate cannot try a private citizen, there is no provision for a judge to preside.

Because it points at what the left fears most, a close look at election fraud.
My position is somewhere in between Dershowitz and Cruz.


-OMotS



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Re: Impeachment Trial...honest question? [Re: Kellywk] #15703218 01/25/21
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Originally Posted by Kellywk
Short answer this that it's a question that has never been answered. only happened once when one of Grant's cabinet members resigned before the Senate part of his trial started, but the Senate didnt convict so no court ever decided if it was constitutional


Yes this is new ground in some ways. The impeachment house vote did set it in motion. Just because the punishment (removal from office) is off the table, does not preclude having the senate trial. And the Constitution does not address this in between situation.

IC-B

Re: Impeachment Trial...honest question? [Re: burrinho] #15703229 01/25/21
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Raeford Offline
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Originally Posted by burrinho
Originally Posted by Kellywk
Short answer this that it's a question that has never been answered. only happened once when one of Grant's cabinet members resigned before the Senate part of his trial started, but the Senate didnt convict so no court ever decided if it was constitutional


Yes this is new ground in some ways. The impeachment house vote did set it in motion. Just because the punishment (removal from office) is off the table, does not preclude having the senate trial. And the Constitution does not address this in between situation.


For the life of me I truly cannot fugh'king imagine why?????????
Nevermind, the framers had common sense and didn't think 3rd graders would ever be running the country[that's on us and isn't a joke].

Re: Impeachment Trial...honest question? [Re: burrinho] #15703292 01/25/21
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OldmanoftheSea Offline
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Originally Posted by burrinho
Originally Posted by Kellywk
Short answer this that it's a question that has never been answered. only happened once when one of Grant's cabinet members resigned before the Senate part of his trial started, but the Senate didnt convict so no court ever decided if it was constitutional


Yes this is new ground in some ways. The impeachment house vote did set it in motion. Just because the punishment (removal from office) is off the table, does not preclude having the senate trial. And the Constitution does not address this in between situation.

Even if they could try a private citizen they cannot take the first step of removal without admitting that DJT is the President.
Barring from office can only occur as an optional action, following removal.


-OMotS



"If memory serves fails me..."
Quote: ( unnamed) "been prtty deep in the cooler todaay "
Re: Impeachment Trial...honest question? [Re: Sprint11] #15703296 01/25/21
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Originally Posted by Sprint11
No, a private citizen cannot be impeached. It is a political process, not a criminal one. "Impeach" means to call into question, i.e. impeaching ones character. Then the Senate holds a 'trial' to determine if the accusations are justified. Think of it as a recall election initiated by Congress rather than the citizens. And no, a conviction does not automatically bar one from future office.


Correct answer in a nutshell.

All the discussion otherwise is just breast beating.


TV has become nothing more than the Petri dish where this country grows its idiots.
Re: Impeachment Trial...honest question? [Re: AcesNeights] #15703335 01/25/21
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Fenrir Offline
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Originally Posted by AcesNeights
I know that we’re currently NOT a nation of law and our Constitution is irrelevant to our enemies, it’s nothing more than an outdated and inconvenient obstacle to their ultimate goal of total control. It’s become all too clear that the communists own our politicians and recently we’ve witnessed a political bias in our judiciary eliminating any checks on unchecked power that was the Constitutional responsibility of SCOTUS. With the disgusting behavior of corrupt judges any further discussion of law, specifically Constitutional law, is hypothetical. My question assumes what a once great nation would do, NOT what is likely to happen as a result of power, greed and corruption.....

Is it legally possible or Constitutionally allowed to hold an impeachment trial against a citizen, a person that is no longer in office? I understand the political motivation for the communists because it’s just another way for them to subvert the will of the people. If a person was so unqualified and undesirable then it should be the choice of the electorate to decide if they’re fit to represent us, not a small minute number of political scum making the decision for 80+ million voters.

It doesn’t seem legal to impeach someone that isn’t in office?


That's a lawyer question and I'm not a lawyer. However, there seems to be lessening support for such over in the Senate as it's becoming clear to most of the never trumpers that the vast majority of the Republican voting base doesn't want it. Senator Mitch Mcconnell had better choose wisely if he wants to be reelected next time.

Re: Impeachment Trial...honest question? [Re: AcesNeights] #15703434 01/25/21
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An impeachment is a political trial and not a criminal trial. The democRATS are just burning up time trying to impress their base. It also makes nancy pelosi feel like a big shot. She is so full of hate it has made her mentally ill. The woman ain't right and hasn't been for a long time. She belongs in a nut house in a rubber room.

kwg


It's about time you started tolerating my intolerance. For liberals and anarchists, power and control is opium, selling envy is the fastest and easiest way to get it.
TRR.
Re: Impeachment Trial...honest question? [Re: AcesNeights] #15703476 01/25/21
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I am sure that the dems will be fair and impartial in this undertaking.











NOPE NO WAY.With Leghy acting as a so called judge the fix is in.

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