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With Republican firewall, U.S. Senate acquits Trump of inciting deadly Capitol riot


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Posted
1 minute ago, Morch said:

 

What I remember Trump supporters' saying time after time is that the other side did not accept the election results. So far, you guys seem to be doing just this. With a vengeance.

Not sure what point you are making or how it relates to the quote.

Posted
Just now, Morch said:

 

What 'cover up' are you on about?

Addressing security issues/failures and investigating Trump's part in events are not mutually exclusive.

 

Deflection I meant. The security was pathetic and the mob should not have got within 1 kilometer. A disgrace!!!  

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Posted
1 minute ago, thaibeachlovers said:

Not sure what point you are making or how it relates to the quote.

 

Try and read the last line of your post again. Or don't. Whatever.

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Posted
Just now, BobBKK said:

 

Deflection I meant. The security was pathetic and the mob should not have got within 1 kilometer. A disgrace!!!  

 

Yes, I get it that you tried to deflect, thanks.

Doesn't relate to the issue of Trump's part in events, or investigating it.

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Posted
1 minute ago, Morch said:

 

Yes, I get it that you tried to deflect, thanks.

Doesn't relate to the issue of Trump's part in events, or investigating it.

Nope, you still didn't make it clear what you were talking about.

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Posted
12 minutes ago, Srikcir said:

The vote is merely a political opinion and has no force of federal law.

Hopefully DOJ/FBI will investigate whether Now CITIZEN Trump broke any federal laws during and after the POTUS election.

IMO the real reason for the impeachment was to stop Trump standing for POTUS again. So much for that. He'll be back ( if he ever goes away ).

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Posted
1 hour ago, Neeranam said:

I wouldn't be surprised if you support Black lives matter and the casting of Bridgerton ???? 

You're saying you are AGAINST BLM? That would explain a lot! (and who gives a rip about that other thing?)

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Posted
8 minutes ago, thaibeachlovers said:

IMO the real reason for the impeachment was to stop Trump standing for POTUS again. So much for that. He'll be back ( if he ever goes away ).

 

Echoes of Jesse Jackson..."Keep hope alive!".

You've no idea if Trump will be in a position (for whatever reason) to try a comeback four years from now.

Whatever gets you through the night.

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Posted
15 minutes ago, thaibeachlovers said:

IMO the real reason for the impeachment was to stop Trump standing for POTUS again. So much for that. He'll be back ( if he ever goes away ).

Oh..He's going away...you can bet your MAGA hat on that

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Posted (edited)
1 hour ago, heybruce said:

Technically nothing in the Constitution precludes impeaching and trying a former President after he left office.  Since this President was impeached by the House while he was still in office and for his actions while he was in office, it was clearly legal.   At this time, nothing is more important for the US government than ensuring those responsible for the insurrection and riot at the Capitol on January 6 are held accountable.

The Constitution’s Article II, Section 4 reads that “the President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” 

 

In other words, this pertains ONLY to the currently serving President, Vice President and all Civil Officers of the United States. Trump at this point doesn't hold any office, he is a civilian, no longer a President or a civil officer in any capacity, therefore there is no case for impeachment.  If any proceedings are to occur after leaving office they could only be in the form of civil cases.

 

There is a precedent that supports the notion that removal from office on impeachment pertains only to currently acting civil Officers.  It is the 1799 impeachment proceedings of Senator William Blount.  You can review the case here:  https://www.senate.gov/about/powers-procedures/expulsion/Blount_expulsion.htm

 

Edited by WaveHunter
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Posted (edited)
1 hour ago, cmarshall said:

 

I did not say it was your claim.  What I said was that it is logically inescapable from what you did say, whether you realize that or not.  The Constitution does preclude impeachment and trial after the official has left office, because the Impeachment Clause specifically applies only to office-holders.  If you believe it applies to former office holders, because they are not excluded then what is the textual basis for deciding that it only includes officials whose have only just completed their terms of office, but not those who have been out of offices for years now.  And if disqualification is severed from removal, then where does it say that the private citizen must ever have been president, for example.

 

That is how the law works and what distinguishes a well-reasoned interpretation from wishful thinking, which is what I think characterizes those legal scholars who have been arguing lately that private citizens are now subject to impeachment.

My claim was:  "Technically nothing in the Constitution precludes impeaching and trying a former President after he left office."

 

The part of the Constitution you quoted was:  "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."

 

Those words make it clear if impeachment occurs while the office holder is still in office he shall be removed upon conviction.  It mandates actions that must be taken if the person is still in office when impeached and convicted, it does not preclude impeachment, trial and conviction after a person leaves office.

 

In other words, while the Constitution applies to to officials while in office, it does not apply only to officials while in office.

Edited by heybruce
Posted
1 hour ago, thaibeachlovers said:

Didn't he resign already?

Agree about reaping what they sow.

They must be panicking now, IMO, that Trump will be back in 2024. Twice acquitted only makes him stronger and encourages his base.

Once he finds another social media platform he's going to be a thorn in Biden's side, IMO.

Right.  A person twice charged with robbing a band without being convicted is obviously the best person to run that bank.  ????

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Posted
1 hour ago, BobBKK said:

 

Deflection I meant. The security was pathetic and the mob should not have got within 1 kilometer. A disgrace!!!  

And Trump should not have told the mob to go to the Capitol building.

Posted
1 hour ago, cmarshall said:

 

Except that the Impeachment Clause clearly refers to office-holders with nothing to indicate that former office-holders are included:

 

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. 

 

Probably your claim will be that since disqualification from future office-holding could be applied to former office-holders then the scope of the Clause applies to them as well.  But think about what that would mean?  Could Obama and Bush now be impeached?  While it's true that Obama can not run for president against because of the Twenty-Second Amendment, he could be appointed to the Supreme Court or as an ambassador, if he wanted.  But if the Republicans were to get sufficient control of Congress again, it must follow from your view of the Constitution is that they could impeach and disqualify him.

 

If that's the case then what is to stop Mitt Romney from being impeached and disqualified from running for president?  By your logic since it is not a requirement that a person actually hold high office to be impeached and tried where in the Constitution does it say that he must have held high office?  

 

These reductios ad absurdum show that the reading you and others are giving the Impeachment Clause is unsustainable.  It is clear from the language that impeachment and removal are intended only for office-holders and that removal of such an office-holder can be extended by disqualification.  Any other reading is fanciful.

No thats wrong. Scholars and republicans also disagree. The senate on at least 2 ocassions determined otherwise.

 

The Senate has sole discretion on who shall be impeached. The supreme court that determines constitutional issues has refused to intervene.

 

Im not sure why you refuse to understand it is constitutional.

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Posted (edited)
14 minutes ago, WaveHunter said:

The Constitution’s Article II, Section 4 reads that “the President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” 

 

In other words, this pertains ONLY to the currently serving President, Vice President and all Civil Officers of the United States. Trump at this point doesn't hold any office, he is a civilian, no longer a President or a civil officer in any capacity, therefore there is no case for impeachment.  If any proceedings are to occur after leaving office they could only be in the form of civil cases.

 

There is a precedent that supports the notion that removal from office on impeachment pertains only to currently acting civil Officers.  It is the 1799 impeachment proceedings of Senator William Blount.  You can review the case here:  https://www.senate.gov/about/powers-procedures/expulsion/Blount_expulsion.htm

 

The part of the Constitution you quoted doesn't include the word "only".

 

Did you read the source you reference?  Note that it states this:

 

"In a narrow vote, the Senate defeated a resolution that asserted William Blount was an impeachable officer. In this vote, the Senate failed to make clear whether its decision stemmed from a belief that no senator could be impeached or from the belief that someone who ceased to hold a "civil office" also ceased to be impeachable."

 

Not much of a precedent there.  Actually no precedent at all.

Edited by heybruce
Posted (edited)
23 minutes ago, heybruce said:

The part of the Constitution you quoted don't include the word "only".

 

Did you read your source?  Note that it states this:

 

"In a narrow vote, the Senate defeated a resolution that asserted William Blount was an impeachable officer. In this vote, the Senate failed to make clear whether its decision stemmed from a belief that no senator could be impeached or from the belief that someone who ceased to hold a "civil office" also ceased to be impeachable."

 

Not much of a precedent there.

I know that the word "only" was not in the constitution, and immediately after I posted it I edited it out since that was MY interpretation, which I then explained in the following paragraph, and supported with the precedent that was noted in the third paragraph concerning Senator Blount. 

 

While it's clear the Senate failed to make clear whether its decision stemmed from a belief that no senator could be impeached or from the belief that someone who ceased to hold a "civil office" also ceased to be impeachable, he was not impeached even though there was ample reason for him to be impeached.  So, draw your own conclusion, but I think the interpretation of what constitutes an impeachable officer was central to the decision.

 

The same holds for Trump as well.  I'm not saying Trump should or should not be held accountable for what happened in the Capitol.  I'm only saying, impeachment proceedings are not the proper venue.  It was a big waste of time and resources when the United States could least afford such an unproductive distraction from the real issues facing the nation right now; the pandemic and the economy!  Everyone knew what the outcome would be before it even started, so what was the sense of doing it in the first place! 

 

If Trump is to be tried, it needs to be in the form of a civil case or cases at this point.

Edited by WaveHunter
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Posted
3 minutes ago, Sujo said:

No thats wrong. Scholars and republicans also disagree. The senate on at least 2 ocassions determined otherwise.

 

The Senate has sole discretion on who shall be impeached. The supreme court that determines constitutional issues has refused to intervene.

 

Im not sure why you refuse to understand it is constitutional.

 

I refuse to accept your interpretation, because that is not what the text says and it is not how the Constitution is read.  If the Senate has misread the Constitution in the past, that incorrect reading does not become a binding precedent.  For instance, when the Senate impeached Senator William Blount in 1797 after having expelled him, the Senate was committing several errors, one of which is that senators cannot be impeached.  Impeachment only applies to the executive and judicial branches.  So, the fact that the Congress violated the Constitution by impeaching Senator Blount did not mean that the Constitution became amended by that act and impeaching senators became constitutional.  You don't seem to understand that precedents in the Senate do not have the force of law as they do in the courts.  The Senate can change its mind and, as far as I know, never impeached a senator again.

 

Impeachments are made by the House, not the Senate, but the power of the House to impeach and the Senate to try an impeachment is restricted by the Constitution to the examples enumerated there, which make no mention of private citizens. 

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Posted
4 minutes ago, WaveHunter said:

I know that, and immediately after I posted it I edited it out since it was my interpretation, which I then explained in the following paragraph, and supported with the precedent that was noted in the third paragraph concerning Senator Blount.

Your interpretation? Thats gold.

Posted
14 minutes ago, cmarshall said:

 

And here's an encouraging little factoid: Republican Governor Kemp of GA has no power to grant pardons.  The pardoning power in GA is held by the Board of Pardons and Parole.

Not entirely convinced he would have granted one even if he could.

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