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


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Posted
38 minutes ago, heybruce said:

Your interpretation of the events in Blount affair are not a binding precedent. 

 

While you think Congress should not make dealing with a violent insurrection a priority, I and others disagree.

 

The proper course of action for Congress in the face of the sedition and treason of Jan. 6 is to conduct one or more investigations either through standing committees or by passing a law authorizing a special investigator.  If that investigation discovers evidence that justifies prosecution of any person, then the Congress makes a referral to the Dept. of Justice to determine whether indictments are in order.  

 

In addition, the Congress could also consider what additional laws would be necessary to deal with the kind of threat posed by Jan. 6. 

 

To point out that the Constitution does not authorize the Senate to conduct an impeachment trial of any person who is not "the president, the vice president, or a civil officer of the United State" is by no means to suggest that responding to the attack on Congress is not a priority.  In fact, even had the impeachment trial succeeded the most it could have achieved is to prevent Trump from running again four years from now, which is hardly the most urgent priority.

Posted
1 hour ago, heybruce said:

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.

 

Actually, that it means exactly that impeachment and removal can only be carried out on the president, the vice president, and other civil officers, i.e. those who hold those offices.  You have made the truly bizarre claim that the class of persons subject to impeachment includes any class of person not specifically excluded.  That means in your reading no person at all is excluded.  So former civil officers can be impeached, but also schoolteachers, firemen, PhD candidates who are ABD, scoutmasters, and indeed everyone else.

 

Isn't the absurdity of such a claim apparent?

Posted
34 minutes ago, heybruce said:

I'm reminded of a joke from when I was in uniform:

 

An Army officer thinks that anything that is not explicitly permitted is forbidden.

 

An Air Force officer thinks that anything that is not explicitly forbidden is permitted.

 

A Navy officer thinks that anything that is explicitly forbidden is permitted.

 

It's a joke with some insight into the different cultures of the services.

 

You clearly exhibit the Army thinking:  The Constitution does not explicitly permit impeachment of someone out of office so it is clearly forbidden.

 

I am retired Air Force.  The Constitution does not explicitly forbid impeachment of someone out of office, so it is permitted.  As I explained earlier, since the Constitution was never meant to be a detailed instruction manual covering all eventualities, my interpretation is both more practical and in keeping with how law has developed in the US.  It's is also in keeping with recent history and the very limited and qualified precedents on the matter.

 

So, impeachment of schoolteachers is on then, right?  Because there is no basis for excluding them since the Constitution does not specifically forbid impeaching them?

  • Sad 3
Posted

The impeachment process to hold an american president accountable needs to be eliminated, and some other process designed .

If this occurrence is not enough to convict a president, then I don;t know what would be. which further seems to undermine the checks and balance between to xo-equal branches of government.   I know it sounds dramatic, but IMO this senate trial , marks the beginning of  the end of American democracy. I know that it has started earlier than that but now is the time it becomes obvious. 

Don't think that all the other trump wannabees have not taken notice, of the inability of the system to hold them accountable.  

 

  • Like 1
Posted
45 minutes ago, billd766 said:

You seemed to be claiming that only 1 side of the Senate was biased and I was pointing out that the other side is equally biased but in the opposite direction.

 

What both sides were doing IMHO, was ignoring the people who put them into the Senate in the first place. They are called the voters and they have the power to get rid of both Congressmen and Senators in the same way that they got rid of Trump last year, simply by voting someone else into the position.

 

True, there's at least one recall effort going on now but it looks like this will be difficult.

  • Like 1

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