Moderators: Alyrium Denryle, Edi, K. A. Pital
He's already been impeached. That's not an issue.
Legally speaking, there's nothing stopping the Justice Department from launching an investigation into Trump's presidency that would lead to them levelling criminal charges against him and having him perp-walked out of Mar-a-Lago by US Marshals.
Yes, that is worrying. But remember that this time the Republicans won't be able to stop evidence being presented at the trial. Things like funding links between Trump and the organisers of the Jan. 6 rally.GrandMasterTerwynn wrote: ↑2021-01-27 09:19amWorse, professional shit-gibbon Rand Paul forced a Senate vote on whether impeaching Trump is even constitutional Tuesday. The result: Only five Republicans voted 'yes'
This vote was seen as something of a harbinger of how the Senate might ultimately vote in the impeachment trial itself. And right now, it shows that, at most, five Republicans might vote to convict Trump. That is at least twelve fewer than is needed.
There is a precedent. William W. Belknap resigned on March 2 1876. The Senate then acquitted him on August 1 after having the trial. So yes, the Senate can and has held the trial after the person left office.
Impeachment and "trial" in the Senate is not a criminal proceeding. It does not invoke double jeopardy and will not bar subsequent trials in criminal or civil courts.
He can. The point of proceeding with an impeachment trial is to bar him from standing for elected office again. If he's convicted as a private citizen in the courts there's nothing to stop him from running from inside a jail cell; it's been done before.
Article 1, Section 3 wrote:The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
So these two sections of the Constitution state that those convicted of Impeachment are subject to criminal proceedings above and beyond removal from office and barring from holding federal office. The senate also only needs 51 members to conduct business, and its 2/3 of those present to convict, not 2/3 of all Senators.Article 1, Section 5 wrote:Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Well of course. They're a Senator.bilateralrope wrote: ↑2021-01-27 06:30pm Which leads into a question I've heard a few people asking: If a Senator is a witness in the impeachment trial (say, because they helped the attackers scout the building the day before), can they take part in the conviction vote ?
Conflict of Interest?Ralin wrote: ↑2021-01-29 06:42amWell of course. They're a Senator.bilateralrope wrote: ↑2021-01-27 06:30pm Which leads into a question I've heard a few people asking: If a Senator is a witness in the impeachment trial (say, because they helped the attackers scout the building the day before), can they take part in the conviction vote ?
It's not a card the Democrats can play to keep his accomplices from sabotaging the process either.Khaat wrote: ↑2021-01-29 10:33amThe entire Legislative branch has a conflict, and yes, several GOP Senators should be co-defendants. Luckily, this is a legal political process, not a legal criminal or civil court process, so conflict of interest isn't a card they can play against an impeachment trial.
Yes, you can do further criminal proceedings on people removed from office. Yes, you technically don't need to have everyone show up for the vote, but rather just need quorum. However, trying to do the vote in the middle of the night so that you have just barely enough people to meet quorum looks so shady that you're liable to get issues if you try.darkjedi521 wrote: ↑2021-01-27 05:15pmArticle 1, Section 3 wrote:The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.So these two sections of the Constitution state that those convicted of Impeachment are subject to criminal proceedings above and beyond removal from office and barring from holding federal office. The senate also only needs 51 members to conduct business, and its 2/3 of those present to convict, not 2/3 of all Senators.Article 1, Section 5 wrote:Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
So, Michael Caputo and the coverup at HHS vis Covid was only part of it. Trump has created a Deep State Trump loyalists and given the influence of Caputo alone, they can have huge damaging impact on the US governance in Biden term.Further, these experts pointed to moves by Trump, in the final days of his presidency, to place allies in unusual positions like little-known advisory boards with close ties to decision-makers at key agencies, and low-level unpaid jobs on prestigious boards. Those allies retain access to lawmakers, decision-making processes and information that could ultimately make its way back to the former president.
“Under the guise of stopping a 'deep state' coup that never existed, Trump appears to have tried to create a deep state of his own,” said David Rohde, the author of the 2020 book “In Deep: The FBI, the CIA, and the Truth about America's 'Deep State'” and the executive editor of NewYorker.com. Rohde called that effort, if it had proceeded unfettered, “an existential threat to democracy.”
