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If Senate does not convict Trump, 'he can do this again,' Democrats warn


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2 hours ago, Jingthing said:

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 He's way ahead already in the 2024 nominating contest. Remember he's great at dividing and conquering.

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Gratefully, his greatest divide is the Republican party which is morphing into the Q party. There are prominent Republicans who still have brain cells left to rub together brainstorming forming a center-right NEW Republican party. This divide will assure a Democratic rule for at least the next ten years, and that's about how long it's going to take to remove the stench of voter suppression, gerrymandering, basic overall cheating.

 

All this is a delightful death knell of the Republican party as it is, and it needs to go!

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10 minutes ago, Srikcir said:

And assuming he is not subsequently convicted of federal statue Title 18 USC Ch.. 115: Section 2383 Treason, Sedition, and Subversive Activities.

https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter115&edition=preliminary

 

Trump did not receive a pardon (ie., by resigning and being pardoned by POTUS Pence) from any federal crimes associated with the Capitol insurrection. If the Senate finds him not guilty of inciting insurrection - that is  political finding and not a judicial finding. He could likely be charged and prosecuted by US DOJ in DC, not his favorite circuit. 

 

Trump could be fined and a maximum of 10 years federal prison. Ironically without Senate conviction, he could also become ineligible for public office. 

https://www.findlaw.c9m/cr8m8nal/cr8minal-charges/rebellion-or-insurrection.html

 

And this does not account for several other potential serious federal crimes such as RICO and felony murder.

 

 

I think Trump has signed pardons for himself, his children, Giuliani, and maybe some others, but which he has kept secret.  Although it is DoJ practice to publish presidential pardons, since the Constitution does not require that the pardon be public, failure to publish would not invalidate any presidential pardon.  For Trump secret pardons are the perfect solution.  If the Biden DoJ decides not to prosecute him, he never has to answer the question of what crime is it for which he was pardoning himself.  But then if he is indicted he can go petition a judge to quash the indictment since he has received a presidential pardon.

 

In that case I would expect the district judge to reject the self-pardon as invalid after which Trump will appeal it all the way to the Supreme Court.  My guess is that the SC would reject the self-pardon, 7 to 2, but who knows?

 

Long term, if Trump is indeed facing a real prospect of prison, I think he will flee the country for Turkey or Kazakhstan, etc.  That is also the opinion of people who have worked closely with Trump over long periods, such as Michael Cohen and Barbara Res. 

Edited by cmarshall
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19 minutes ago, heybruce said:

No, the trial isn't theater.  A conviction is warranted.  However it is likely that too many Republican Senators will prove themselves to be too cowardly and self-serving to vote for conviction.

 

Actually, I think the fault is with the Constitution which has befuddled virtually everyone since 1789 about impeachment, because it is such a badly designed process.  The Senate "trial" bears so little resemblance to the common judicial trial we all have in our minds that the word "trial" seems inappropriate.  In a real trial the first essential ingredient is to have jurors who can be impartial, because they have no personal interest in the outcome of the trial or the parties invovlved.  This is aspect is so important that if any connection, however tenuous, is found between a juror and a defendant, officer of the court, witness, etc. then a mistrial might be declared requiring the whole process to start over.  In the case of impeachment however, we know that every single one of the senators has a definite political interest in the outcome at the very least.  So then, the ability for the trial to be fair depends on the willingness of every single one of the senators to put the public interest ahead of his own political interest.  Is there a design of a trial that is better guaranteed to fail than this?

 

Then everyone refers to the senators a jurors, but their role is nothing like that of a juror, not only for the reasons stated, but they can invent the offense the president may have committed, also the procedural rules such as the rules of evidence, and so on.  In fact, their role is much closer to a panel of judges than jurors.

 

For these and a host of other reasons, the impeachment process has failed every time it has been tried with a president.  So, it is a feature of the Constitution that has simply failed to live up to its purpose.  Unfortunately, no better procedure can be devised, because the Constitution will never be amended again.  So, we are stuck without an effective protection for the republic against the abuses of power of a president.  As we now see in spades. 

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2 hours ago, J Town said:

The first black female president is a shoe-in IF she doesn't mess it up. I can imagine the heads still wearing red hats exploding!

All Kamala Harris has to do is continue to breathe in and out for the next year, maybe more. joei won't last longer than that. No election necessary for her to become the first black woman president.

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