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Impeachment 2.0 - The Democrat's second pass at futility.....


swordfish

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https://www.wsj.com/articles/patrick-leahy-takes-gavel-in-second-trump-impeachment-trial-11612018170?mod=e2twp

WASHINGTON—Sen. Patrick Leahy will become the first person to preside over the impeachment trial of a former president next month, putting the Vermont Democrat in the thorny position of having to run the proceedings and serve as a juror.

The Senate trial of former President Donald Trump is set to kick off the week of Feb. 8, after both House Democratic managers and Mr. Trump’s defense team prepare their cases. Mr. Trump was impeached in the House over allegations he incited supporters to riot at the Capitol.

The 80-year-old Mr. Leahy, the longest serving lawmaker in the Senate and the top Democrat on the powerful Senate Appropriations Committee, is taking on the role amid concerns about his health. Just hours after he was sworn in as presiding officer, he was briefly hospitalized after experiencing muscle spasms. The schedule of the trial hasn’t been set, but attendance for senators is mandatory, and he is expected to face trial sessions that have in the past run for more than 12 hours. The trial is expected to be relatively short, running for perhaps a week.

Chief Justice John Roberts oversaw the first Trump impeachment trial, as required by the Constitution. But the law is silent on who presides over the trial of a former president, and the chief justice declined to participate in this one, according to Senate Majority Leader Chuck Schumer (D., N.Y.), who said that Mr. Leahy was next in line for the role as president pro tempore of the Senate.

“Sen. Leahy’s job is a little tougher in that he doesn’t come into it with the basic presumption of impartiality that normally attaches to a judge,” said Frank Bowman, a University of Missouri law professor who is an authority on impeachment. “He’s going to have to strain to appear evenhanded in any circumstance where there is sort of a partisan valence to any decision that he makes.”

So, the Judge is also a juror?  Since when?  Yeah, that's fair......We can all trust Senator Schumer's "interpretation" of something that doesn't even exist.....Impeaching a former President......

The reality of this is that if the Democrats are unable to get 17 Republicans to agree with them (which is very unlikely) and vote to impeach (whether or not it is even constitutional) then they will come away from this having twice attempted to impeach a President for unimpeachable offenses.  How will that treat their party going forward?

 

 

 

 

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I really do not get this. Upon impeachment and conviction, the only constitutional sanction is removal from office. An impeachment conviction would be inadmissible in any subsequent criminal proceedings. Are they going to argue that, upon conviction, removal is retroactive to the date of the impeachable offense? Just think about the ramifications of that!

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49 minutes ago, Bobref said:

I really do not get this. Upon impeachment and conviction, the only constitutional sanction is removal from office. An impeachment conviction would be inadmissible in any subsequent criminal proceedings. Are they going to argue that, upon conviction, removal is retroactive to the date of the impeachable offense? Just think about the ramifications of that!

I thought there was something about if Mr. Trump is convicted they could then bar him from ever running for a public office again?   Because you know the Democrat side of the uni-party is scared to death right now of a 2024 Trump presidential run.

 

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4 minutes ago, Muda69 said:

I thought there was something about if Mr. Trump is convicted they could then bar him from ever running for a public office again?   Because you know the Democrat side of the uni-party is scared to death right now of a 2024 Trump presidential run.

Will this never end?

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46 minutes ago, Bobref said:

Will this never end?

Not until the day that Mr. Trump leaves this world, I'm afraid.  There is too much money to be made by the MSM, and too much time and money for the U.S Congress to waste on such a boondoggle.

 

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2 hours ago, DanteEstonia said:

As the only group that can decide who it applies to is Congress, and Congress disagrees, then you are in the wrong. 

That’s a little circular, wouldn’t you say? 

“There is hardly any political question in the United States that sooner or later does not turn into a judicial question.”

— Alexis de Tocqueville 

We’ll never know for sure, since the vote was an acquittal. But if there were ever a conviction of a President after leaving office, my money is on SCOTUS having the last word on the constitutionality of such a “conviction.”

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