In this opinion, they point to the language of the Constitution itself which clearly indicates these are separate processes and Presidents can be prosecuted after impeachment.
https://constitution.congress.gov/browse/article-1/section-3/clause-7/
Article I
Section 3 Senate
Clause 7 Impeachment Judgments
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.
Republicans in the Senate used this argument to not remove Trump from office in his last few days.
And...none of the indictments are the charges in The Art.'s of Impeachment. No DJ.
It's like saying someone was cleared of running a stop sign in town court so we can't try them for the bank robbery in State court.....
Conviction by the Senate removes the President from the job of being President.
It is not a criminal prosecution. It's a political process.
During Watergate the DOJ asked the question whether a sitting President can be indicted. They answered a president cannot be indicted while in Office.
You can find this opinion by the Office of Legal Counsel. (it's like the DOJ's law firm.) here https://www.justice.gov/d9/olc/opinions/2000/10/31/op-olc-v024-p0222_0.pdf
In this opinion, they point to the language of the Constitution itself which clearly indicates these are separate processes and Presidents can be prosecuted after impeachment.
Republicans in the Senate used this argument to not remove Trump from office in his last few days.
And...none of the indictments are the charges in The Art.'s of Impeachment. No DJ. It's like saying someone was cleared of running a stop sign in town court so we can't try them for the bank robbery in State court.....