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Legal expert wonders if Yingluck, former ministers will avoid impeachment


Lite Beer

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And what good will impeaching her do? Another stupid move and waste of time by the Democrats.

I agree. Under the new constitution, no person can be a member of the National Legislative Assembly "being or having been a person holding any position in a political party within 3 years prior to the date of appointment as a member of the National Legislative Assembly."

So why waste time and money on impeachment?

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Note: Impeachment is different from malfeasance, which could carry a jail sentence. Not a waste of time and money, IMHO, if they have enough evidence to prosecute.

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On the (distant) day that the rule of law under a legitimate constitution is restored in Thailand (and in my view the starting point has to be the 1997 Constitution) there will be a lot of people in the queue before Yingluck, and for very much more serious offenses as well.

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Only people with no brains would waste time and money to impeach someone who is already out of office. Who will impeach her? Her friends from Thaivisa like you, or the democratic? There is no doubt about it, it is politically motivated and biased no only to my eyes to but the eyes of the rest of the world.

OK, let me try to explain it to you in words of less than one syllable . . .

"Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as criminal or civil punishment."

Regardless of the fact that she is in or out of office at the moment, if Yingluck has done something unlawful, illegal, corrupt, she should still be liable for criminal or civil punishment.

By your reasoning, what you are saying is that if I am a PM and I do something illegal or "wrong", if I then resign I shouldn't be prosecuted because I'm no longer in power? I can do whatever I want, resign, get forced out or whatever, then I'm good to go and shouldn't be charged or held accountable for any of my actions? Really? Are you sure you want to go back down that road Mango Bob? Sounds just like something Thaksin would expect . . .

And it's the Senate that would impeach her by the way. They are the ones empowered to impeach Members of Parliament.

Actually Tatsujin, most of those words you quoted have more than one syllable, so I immediately doubt anything you say. So we know you can read newspapers and we know you can speculate and blabber along with all the other blabberers. We know the rice pledging scheme was ill conceived by Thaksin and was taken over by YL and we can be fairly sure the scheme attracted some corrupt activities. But has YL been convicted of a crime? No she has not at this point in time. But we do know how things work here don't we? We know that it is possible to be impeached for the serious crime of being paid to appear in a cookery show for instance. And are we naive to assume that the NACC cannot be influenced or leaned on or be used as a political tool to punish those who are deemed by others with absolute power to be guilty. So by all means continue your blabbering if it amuses you, but don't do so as if you words had some kind of authority behind them.

Yup, I failed in using words of less than one syllable . . . sorry about that.

With the rest of what you said, you are admitting that the rice scam (and I would assume other policies) were conceived by Thaksin himself and Yingluck took it over and claimed it as her own? So Thaksin is formulating and implementing policy for PT/Yingluck whilst living overseas, whilst not being a member of PT or Parliament, and whilst also being a convict on the run from authorities? Amazing. I'm pretty sure that's got to be illegal somewhere along the lines.

And no, Yingluck has NOT been convicted of anything as yet . . . that's what part of the impeachment process is!

And thanks for the permission, I'll continue to blabber on thumbsup.gif

I said rice pledging scheme, not scam. They are your words. Of course I am admitting that the scheme was devised by Thaksin. It is no secret. It was an attempt to influence the world price for rice by limiting supply. At that time Thailand was the world's largest producer. The plan was to wait for prices to rise as a result of shortages and then sell back into the market. But it backfired because Thaksin underestimated how well the world market would respond by switching suppliers. It also had the advantage of getting more votes from farmers to keep him in power.

Hello! This is called politics and every government in the world plays this game to get and maintain power. What about the powerful Washington lobbying system in US politics. Is that a scam? To say that YL has committed a crime is jumping the gun. It seems that many TVF members just love to get on the bandwagon and have a go without being in possession of the facts and all based on mere speculation and press gossip.

Ah, so you're saying Yingluck is innocent of all that she is accused of?

It's great in that case that they are actually investigating things currently and will then press charges where necessary, rather than simply going on your "she's innocent, leave her alone" legal argument.

It's also interesting to note just what HAS been found in the last few months, none of which would have come to light if Thaksin had had his way.

Can you read? Did I say she was innocent. By saying that, you are presuming guilt. If accusations are made, there has to be due process under the law. Is that not how it works where you come from? I see that the water management charges have been dropped against here. A couple of weeks ago she was being accused of corruption in that.

OK, be clear then ... in your "opinion" do you think Yingluck is guilty or innocent? Or are you going to jump back on that fence and bleat on about due process again?

Due process IS being observed, they are investigating prior to pressing charges IF appropriate.

From the major inconsistencies / corruption / lies that have been uncovered about this rice scam so far however, it's fairly clear that there should be a number of people charged, including Yingluck.

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OK, be clear then ... in your "opinion" do you think Yingluck is guilty or innocent? Or are you going to jump back on that fence and bleat on about due process again?

Due process IS being observed, they are investigating prior to pressing charges IF appropriate.

From the major inconsistencies / corruption / lies that have been uncovered about this rice scam so far however, it's fairly clear that there should be a number of people charged, including Yingluck.

Bleating about due process! LOL.

Why do you keep calling it a scam? It was a perfectly legitimate strategy. But it went wrong as I've already said. Even the IMF advised Thailand to drop it, but by then it had become difficult to backtrack. Governments and financial institutions are always trying to control markets.

You asked for my opinion. For what its worth it seems likely there was corruption and that's backed up by evidence of missing rice. Is Yingluck personally culpable? Probably not in my opinion. But my opinion doesn't mean anything. The courts will decide. The question is, how confident are you in the integrity and independence of the courts.

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And what good will impeaching her do? Another stupid move and waste of time by the Democrats.

What good will it do impeaching her ?? leave her alone to come up for election again ?? give her freedom of the city ??? Get the lot and string them up, YES any one that has flouted the law.

Suppose you would be in favour of impeaching the Dems leaders??

Only Abhisit for being a weak leader.

And I suppose he was weak because he didn't get the country into debt, or try to get Thaksin cleared of crime or lie through his teeth in public, or be stupid enough to say he would behead himself or in his 2 years go out on shopping expeditions (excuses) not to be present to answer awkward questions in parliament.?? 50 trips in her near 3 year in office ??? Pm and defense minister a joke.

And you condone THEM. Your posts are a wind up. and not real.

No Abhisit was born with a pair but didn't know how to use them. You can't blame YL on this one.

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OK, be clear then ... in your "opinion" do you think Yingluck is guilty or innocent? Or are you going to jump back on that fence and bleat on about due process again?

Due process IS being observed, they are investigating prior to pressing charges IF appropriate.

From the major inconsistencies / corruption / lies that have been uncovered about this rice scam so far however, it's fairly clear that there should be a number of people charged, including Yingluck.

Bleating about due process! LOL.

Why do you keep calling it a scam? It was a perfectly legitimate strategy. But it went wrong as I've already said. Even the IMF advised Thailand to drop it, but by then it had become difficult to backtrack. Governments and financial institutions are always trying to control markets.

You asked for my opinion. For what its worth it seems likely there was corruption and that's backed up by evidence of missing rice. Is Yingluck personally culpable? Probably not in my opinion. But my opinion doesn't mean anything. The courts will decide. The question is, how confident are you in the integrity and independence of the courts.

I call it a scam because that is how it ended up . . . it didn't "go wrong" however, it was doomed to failure from the start as "Thailand" doesn't hold the monopoly on rice. Try reading up on "food power" and how only those countries that have a monopoly or can bring in other countries to form a monopoly can successfully implement this strategy.

Good to see that you think that there IS corruption and that there IS evidence of this corruption in this scam.

It's also worth noting that the (I believe partly deliberate) side effect of this scam has been a huge increase in farmers debts . . . an investigation into the owners of the banks and money-lending schemes wouldn't go amiss also, along with those owners of the rice fields, the shipping companies, the storage companies etc etc ALL of whom jacked up their prices a LOT as soon as this scam was implemented meaning any real meaningful profit for the farmers immediately went out of the window and the only winners were the "middlemen" that organized it all.

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Only Abhisit for being a weak leader.

And I suppose he was weak because he didn't get the country into debt, or try to get Thaksin cleared of crime or lie through his teeth in public, or be stupid enough to say he would behead himself or in his 2 years go out on shopping expeditions (excuses) not to be present to answer awkward questions in parliament.?? 50 trips in her near 3 year in office ??? Pm and defense minister a joke.

And you condone THEM. Your posts are a wind up. and not real.

No Abhisit was born with a pair but didn't know how to use them. You can't blame YL on this one.

Of course not like you she never said/or did any wrong only condoned what went on as the PM of a country. ??? She was SUPPOSED to be responsible.

Her diabolical governing I blame and you should have shame for promoting the fact.

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And what good will impeaching her do? Another stupid move and waste of time by the Democrats.

I do love the way you post without thinking, you need to remove the "mango" part of your name and just stick with the latter part, much more accurate for your posting history . . . "bob".

What good will impeachment do? Simple . . . it lets people know that crime and corruption is not acceptable in Thai society and it forces her to accept the responsibility (and hopefully consequences) for the mess this rice scam, amnesty bill, etc etc created.

I know, I know, it's all biased and politically motivated (in your eyes) . . . but to everyone else, it was blatant, arrogant, way over the top, "<deleted> you" thievery and corruption on all counts hidden under the guise of "democracy" (a word which needs to be explained in great depth to those that attempt to use it to excuse their misdeeds).

I may be bob 2 sir

Where have you read that yingluk stole rice?????, u nless you are in the know or bob 3

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And what good will impeaching her do? Another stupid move and waste of time by the Democrats.

I do love the way you post without thinking, you need to remove the "mango" part of your name and just stick with the latter part, much more accurate for your posting history . . . "bob".

What good will impeachment do? Simple . . . it lets people know that crime and corruption is not acceptable in Thai society and it forces her to accept the responsibility (and hopefully consequences) for the mess this rice scam, amnesty bill, etc etc created.

I know, I know, it's all biased and politically motivated (in your eyes) . . . but to everyone else, it was blatant, arrogant, way over the top, "<deleted> you" thievery and corruption on all counts hidden under the guise of "democracy" (a word which needs to be explained in great depth to those that attempt to use it to excuse their misdeeds).

I may be bob 2 sir

Where have you read that yingluk stole rice?????, u nless you are in the know or bob 3

Many names here go under the same rhetoric, it churns them out whenever one disappears another one springs up. But each to his own thinking, he is a registered poster.

Would you like to post on the subject?? would be interesting. I do not believe Yingluck went with a pick-up and grabbed some sacks at midnight and sped off -fled the scene job.

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The logic astounds me!

Q: If an attempt to change a constitution is illegal, then how could the constitution ever be changed?

A: Oh, by a coup, which is legal as stated in the provisional constitution!

Go figure!

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And what good will impeaching her do? Another stupid move and waste of time by the Democrats.

I do love the way you post without thinking, you need to remove the "mango" part of your name and just stick with the latter part, much more accurate for your posting history . . . "bob".

What good will impeachment do? Simple . . . it lets people know that crime and corruption is not acceptable in Thai society and it forces her to accept the responsibility (and hopefully consequences) for the mess this rice scam, amnesty bill, etc etc created.

I know, I know, it's all biased and politically motivated (in your eyes) . . . but to everyone else, it was blatant, arrogant, way over the top, "<deleted> you" thievery and corruption on all counts hidden under the guise of "democracy" (a word which needs to be explained in great depth to those that attempt to use it to excuse their misdeeds).

Actually, not "to everyone else". Please don't include nor assume "everyone" concurs with you because that's just your opinion and assuming "everyone" agrees with you (rightly or wrongly) is a fatuous comment.

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Quote> "This is despite the fact that they face indictment by the National Anti-Corruption Commission (NACC) on their attempt to amend the Constitution - a move that was considered illegal by the Constitutional Court." In a World that's constantly changing a need to amend a constitution is necessary, The USA has 25 amendments to it's constitution for example. Yet it's illegal to amend the constitution in Thailand? How does that work? If that's the case how is it legal to scrap the constitution?

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Impeachment is for laying charges against people actually in office.

Out of office they are charged as citizens, even for crimes committed while in office.

that goes from the NACC or AMLO, or other investigative body like a grand jury,

and direct to Prosecutors office. From there it proceeds to court.

They seem to treat the word impeachment here as if it is a trial and conviction.

It is not. Nor is it something we should be worrying about in relation to former officials.

Charge them, bring them to court,

convict them and send them away, if the evidence is sufficient.

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And what good will impeaching her do? Another stupid move and waste of time by the Democrats.

I do love the way you post without thinking, you need to remove the "mango" part of your name and just stick with the latter part, much more accurate for your posting history . . . "bob".

What good will impeachment do? Simple . . . it lets people know that crime and corruption is not acceptable in Thai society and it forces her to accept the responsibility (and hopefully consequences) for the mess this rice scam, amnesty bill, etc etc created.

I know, I know, it's all biased and politically motivated (in your eyes) . . . but to everyone else, it was blatant, arrogant, way over the top, "<deleted> you" thievery and corruption on all counts hidden under the guise of "democracy" (a word which needs to be explained in great depth to those that attempt to use it to excuse their misdeeds).

I may be bob 2 sir

Where have you read that yingluk stole rice?????, u nless you are in the know or bob 3

Many names here go under the same rhetoric, it churns them out whenever one disappears another one springs up. But each to his own thinking, he is a registered poster.

Would you like to post on the subject?? would be interesting. I do not believe Yingluck went with a pick-up and grabbed some sacks at midnight and sped off -fled the scene job.

No one is saying that, but Yingluk seems to be held responible for the missing rice.

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Do not under-estimate the importance, even though YL is no longer in office. For one thing, a successful impeachment secures the notion of unlawful intent (and for critics overseas, it would remove some of the doubt as to her guilt). Second, it offers the chance to present compelling evidence - under parliamentary immunity, that evidence can be questioned in ways that are difficult in a courtroom. Not sure if criminal charges can derive directly from an impeachment procedure. While Clinton was impeached, he wasn't forced from office, but it was a telling blow to him.

Was the "blow" meant to be a pun.

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I may be bob 2 sir

Where have you read that yingluk stole rice?????, u nless you are in the know or bob 3

Many names here go under the same rhetoric, it churns them out whenever one disappears another one springs up. But each to his own thinking, he is a registered poster.

Would you like to post on the subject?? would be interesting. I do not believe Yingluck went with a pick-up and grabbed some sacks at midnight and sped off -fled the scene job.

No one is saying that, but Yingluk seems to be held responible for the missing rice.

Well naturally, she was the chairperson on the rice committee. Don't you think she ought to know about this catastrophic blunder. Just to add she was hardly if ever present at the committee meetings. She delegated most of her work to avoid blame. But her job description will tell you that to delegate is all well and good BUT you are still responsible.

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Do not under-estimate the importance, even though YL is no longer in office. For one thing, a successful impeachment secures the notion of unlawful intent (and for critics overseas, it would remove some of the doubt as to her guilt). Second, it offers the chance to present compelling evidence - under parliamentary immunity, that evidence can be questioned in ways that are difficult in a courtroom. Not sure if criminal charges can derive directly from an impeachment procedure. While Clinton was impeached, he wasn't forced from office, but it was a telling blow to him.


Well, while Clinton was impeached he wasn't convicted. I don't think it was much of a blow to him, while the impeachment process has proved a telling blow against politics in America. Clinton succeeded in getting a number of Republican policies passed.

I don't think impeachment "secures the notion of unlawful intent." I don't think "intent" is considered an element, but who knows? It's a political process, not a legal process. I'm pretty sure it's never yet been done in Thailand.

I personally don't believe that successful impeachment would "remove some of the doubt as to her guilt" from the minds of overseas observers. They can see better than people in Thailand what is going on. Just as the impeachment of Bill Clinton did not remove doubt of guilt in his case (nor did his acquittal remove certainty of guilt among those who hated him).

I was really starting to believe your take on impeachment until you mention that the President "Clinton succeeded in getting a number of Republican policies passed". I am almost sure....no I am absolutely sure the President is a democrat. I will say that Ronald Regan (Iran Contra) Richard Nixon (Watergate) George Bush (WMD lie for cause to go to war in Iraq) all represent the Republican party and the US. I predict non of us knows what the hell is going to happen to the Shin a whats or the future of Thailand. But I am sure this new attempt to bring Thailand into the fray of the Global community is a great step in the right direction. Will there be mistakes made? Of course! Thailand has a real chance now to ensure their spot in 2015.

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And what good will impeaching her do? Another stupid move and waste of time by the Democrats.

I do love the way you post without thinking, you need to remove the "mango" part of your name and just stick with the latter part, much more accurate for your posting history . . . "bob".

What good will impeachment do? Simple . . . it lets people know that crime and corruption is not acceptable in Thai society and it forces her to accept the responsibility (and hopefully consequences) for the mess this rice scam, amnesty bill, etc etc created.

I know, I know, it's all biased and politically motivated (in your eyes) . . . but to everyone else, it was blatant, arrogant, way over the top, "<deleted> you" thievery and corruption on all counts hidden under the guise of "democracy" (a word which needs to be explained in great depth to those that attempt to use it to excuse their misdeeds).

"Crime and corruption is not acceptable in Thai society"

Really? What presumptuous pomposity.

Crime and corruption has always been acceptable in Thai culture-- and that is changing selectively and one-sidedly. The new wave is that crime and corruption are only acceptable from some sectors. Any calls for military prosecution of human traffickers in military uniform? No. Any call for dissolving the three big distributors of lottery tickets (who are partly military owned)? No

Take the media scandal for another example. Reporters were found to have accepted money from the mighty CP corporation. The CP people never denied giving them money, they said they "were not bribes, we just gave it to them". And, the "report that was leaked was distorted and exaggerated".

So, responding to cries for transparency, the junta appointed a board...comprised...of the companies accused.

Get off your high horse, or maybe it is not your horse that is high.

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And what good will impeaching her do? Another stupid move and waste of time by the Democrats.

I agree. Under the new constitution, no person can be a member of the National Legislative Assembly "being or having been a person holding any position in a political party within 3 years prior to the date of appointment as a member of the National Legislative Assembly."

So why waste time and money on impeachment?

Sent from my iPad using Thaivisa Connect Thailand

I was unaware that there is a new constitution. Last I heard they were in the process of writing one.

As for the impeachment it serves the purpose of showing that none are exempt if they qualify.

That has been a big problem here in Thailand overlooking the law. It just encouraged the corrupt to continue on with it.

Impeach them all that is a message that even a red shirt could understand. Well most of them. Well most of them I think. Not sure now that I think of it if they are that bright.

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The ridiculous of trying to impeach an elected Govt for attempting to amend the constitution! When now the army have taken a unilateral decision to chuck the whole constitution in the bin! and rewritten it!

No, what is ridiculous is the fact that you are whining about what is going on, even though you and your rabid red flag waving buddies were warned time and time again that the good ship PTP was heading for the rocks and would soon sink, with the loss of all those on board.

Greed and corruption caused their downfall, and it could not have come any sooner.

You carry on about the constitution but you were ok with the fact they were trying to sneak the Amnesty Bill through in the middle of the night in their typical underhanded manner. Seems it is ok when the Shin regime breaks the rules, but pity help anyone else who does it.

You could not help sneak in the words "elected Govt", could you ? Which does not help your pitiful argument at all, simply reminds us that the people who put their faith in this den of thieves were let down, big time (at about 300 baht a vote !)

Get over it smutty, the horse you picked and put all your money on was a dud and the vet is about to put it down. biggrin.png

In the last major election several years ago in my area the Red Shirts were paying THB 500 for a vote and the Yellow Shirts THB 300. Guess who won?

When I first moved to Thailand and found out about the vote buying I was horrified. I've soften a bit on it now. In my home country, the USA, millions and millions of dollars are spent on elections all the time but the money goes to all sorts of media for political ads, special interest groups to help "get out the vote" and to volunteers who help with the grunt work of the campaign. My rationalization now is if a candidate is going to spend a lot of money on his/her campaign, why not just give it directly to the voters? sad.png

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And what good will impeaching her do? Another stupid move and waste of time by the Democrats.

I agree. Under the new constitution, no person can be a member of the National Legislative Assembly "being or having been a person holding any position in a political party within 3 years prior to the date of appointment as a member of the National Legislative Assembly."

So why waste time and money on impeachment?

Sent from my iPad using Thaivisa Connect Thailand

I was unaware that there is a new constitution. Last I heard they were in the process of writing one.

As for the impeachment it serves the purpose of showing that none are exempt if they qualify.

That has been a big problem here in Thailand overlooking the law. It just encouraged the corrupt to continue on with it.

Impeach them all that is a message that even a red shirt could understand. Well most of them. Well most of them I think. Not sure now that I think of it if they are that bright.

It is an interim constitution.

How do you impeach someone from office who is no longer in office?

Sent from my iPad using Thaivisa Connect Thailand

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