In any event, and for the purposes of what is relevant in Jack Smith’s two indictments, the factual grounds on which President Trump allegedly committed crime(s) within his official duties as president have already been twice considered by the House of Representatives, for which the president—in conformance with Article II, Sec. 4—was acquitted both times by the Senate. Because the Senate voted not to convict President Trump of his alleged crimes, any and every remedial measure afforded by the constitutional process has already been exhausted. Therefore, to continue to bring charges against the president for the asserted crimes on which he has already been prosecuted is by definition an abuse of the judicial power and an expressed violation of the Double Jeopardy Clause of the Fifth Amendment: “…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb…”
He was impeached in the House, the Senate voted not to impeach, this was not the same thing as a trial, as far as I know, a trial meaning charged with a felony or misdemeanor outside of the legislative branch of government. I may be wrong, but, the two are considered different.
No. The House votes to impeach. The Senate had a trial. Being impeached isn't a removal from office. It's like an indictment. There was definitely a trial in the Senate. Fortunately it takes 2/3rds to convict and they didn't have the votes. He was found not guilty. That being said, these are different charges than what were found in the last impeachment. That was all about Ukraine. So it has nothing to do with these recent arrests. These are about classified documents, January 6th and the election.
What was clear was they had no evidence of a crime committed by President Trump. What is did expose was Felony Fraud on the FISA Courts to illegally impeach a duly elected President. Since the warrant was obtained fraudulently it was never valid. Any and all evidence they collected can never be brought to trial. In fact if they broke into any home or office to wire tap they can be charged for B&E. As they never had a legal warrant. This in the end was a Organized Illegal Coup during a time we were at war with Global Terrorism . Treason is the reason they needed Biden in office to make the Treason and Coup go away.
Incorrect. The House brings the charges; the articles of impeachment to the Senate. The Senate holds the trial, which they did twice and found Trump not guilty and exonerated him of any crimes(s).
Yeah, they got the headlines they needed - I’d be very surprised if this rejection (again for Mr. Smith- can’t produce a single case worth a shit) will make the news because it’s good for Trump.
Amen, this is about election fraud and smear the front runner. Appears they realize their smear is failing so call in lockdowns and masks . Hand us over to WHO calling a Scamdemic and suspend the Constitution and elections..
Isn't this a bit like calling a federal prosecution after a state prosecution over the same events double jeopardy?
Doesn't the state (federal or not) only pretend to respect double jeopardy when the exact same prosecuting entity is attempting to prosecute under the exact same law?
These are different charges. The last impeachment was about Ukraine. These last 4 arrests were all about classified documents, January 6th, and the election. I don't see how it could be double jeopardy.
Not really. The Military is a fine example. The State will hit with State charges and the Military will also charge under Federal charges. With Jack Smith his charges are Federal and Congress came with Federal charges now you have double jeopardy. Many times the State will drop charges to save money and hand it over to Federal authorities.
“But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case it is unfit to exist.”
-Lysander Spooner
It isn't worth the paper it's printed on. Anyone saying otherwise is gaslighting you. The (uniparty) know this and act accordingly, day by day they have eroded it's authority, for decades. Expecting them to play by any sort of rules at this point is a tragic joke.
Force, whether military or civilian, is the only real option left to restore our founding principles, because as of right now the constitution is an undead, lazy charade.
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.....
In any event, and for the purposes of what is relevant in Jack Smith’s two indictments, the factual grounds on which President Trump allegedly committed crime(s) within his official duties as president have already been twice considered by the House of Representatives, for which the president—in conformance with Article II, Sec. 4—was acquitted both times by the Senate. Because the Senate voted not to convict President Trump of his alleged crimes, any and every remedial measure afforded by the constitutional process has already been exhausted. Therefore, to continue to bring charges against the president for the asserted crimes on which he has already been prosecuted is by definition an abuse of the judicial power and an expressed violation of the Double Jeopardy Clause of the Fifth Amendment: “…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb…”
So this would be a good reason to not impeach Biden if you wanted him to face trial?
Biden could be the first president who was arrested while seated.
How can crimes be an official duty of a President?
He was impeached in the House, the Senate voted not to impeach, this was not the same thing as a trial, as far as I know, a trial meaning charged with a felony or misdemeanor outside of the legislative branch of government. I may be wrong, but, the two are considered different.
No. The House votes to impeach. The Senate had a trial. Being impeached isn't a removal from office. It's like an indictment. There was definitely a trial in the Senate. Fortunately it takes 2/3rds to convict and they didn't have the votes. He was found not guilty. That being said, these are different charges than what were found in the last impeachment. That was all about Ukraine. So it has nothing to do with these recent arrests. These are about classified documents, January 6th and the election.
What was clear was they had no evidence of a crime committed by President Trump. What is did expose was Felony Fraud on the FISA Courts to illegally impeach a duly elected President. Since the warrant was obtained fraudulently it was never valid. Any and all evidence they collected can never be brought to trial. In fact if they broke into any home or office to wire tap they can be charged for B&E. As they never had a legal warrant. This in the end was a Organized Illegal Coup during a time we were at war with Global Terrorism . Treason is the reason they needed Biden in office to make the Treason and Coup go away.
The Senate decision was a trial in / by the Senate, prosecuted by the House members.
Incorrect. The House brings the charges; the articles of impeachment to the Senate. The Senate holds the trial, which they did twice and found Trump not guilty and exonerated him of any crimes(s).
That is what I meant. The Senate did hold a trial and he was not convicted.
They don't care. It is a smear campaign.
They don't care if they lose the cases or if they overturned on appeal.
The PROCESS is the punishment. Which is of course, malicious prosecution very wrong.
Yeah, they got the headlines they needed - I’d be very surprised if this rejection (again for Mr. Smith- can’t produce a single case worth a shit) will make the news because it’s good for Trump.
Amen, this is about election fraud and smear the front runner. Appears they realize their smear is failing so call in lockdowns and masks . Hand us over to WHO calling a Scamdemic and suspend the Constitution and elections..
Isn't this a bit like calling a federal prosecution after a state prosecution over the same events double jeopardy?
Doesn't the state (federal or not) only pretend to respect double jeopardy when the exact same prosecuting entity is attempting to prosecute under the exact same law?
These are different charges. The last impeachment was about Ukraine. These last 4 arrests were all about classified documents, January 6th, and the election. I don't see how it could be double jeopardy.
Not really. The Military is a fine example. The State will hit with State charges and the Military will also charge under Federal charges. With Jack Smith his charges are Federal and Congress came with Federal charges now you have double jeopardy. Many times the State will drop charges to save money and hand it over to Federal authorities.
“But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case it is unfit to exist.”
-Lysander Spooner
It isn't worth the paper it's printed on. Anyone saying otherwise is gaslighting you. The (uniparty) know this and act accordingly, day by day they have eroded it's authority, for decades. Expecting them to play by any sort of rules at this point is a tragic joke.
Force, whether military or civilian, is the only real option left to restore our founding principles, because as of right now the constitution is an undead, lazy charade.
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.....
It's an interesting defense. I wonder if he will end up using it.
I doubt he will. I suspect the Military will step in the testify to the election fraud and bring the evidence for everyone to see.