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Senate Trial of Donald Trump Would be Blatantly Unconstitutional
Janitor's view ^ | January 26, 2021 | Reasonmclucus

Posted on 01/26/2021 9:47:34 PM PST by kathsua

The Constitution clearly defines impeachment as a procedure for removing individuals from federal office. "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" Obviously the person must hold a government office at the time of the trial or the removal question is moot The Senate cannot remove a the person from an office the person doesn't hold. Nothing in the impeachment provision authorizes the Senate to try private citizens even those who once held government office. Our system of government is based on the concept that government generally can only do what it is authorized to do.

Many laws have a statute of limitations which require a prosecutor to prosecute a defendant within a specific time period after the crime or forfeit prosecution. The statute of limitations for impeachment cases isn't a specific time period. The statute of limitations for impeachment cases expires if the office holder's term expires or if the office holder resigns or is fired by a supervisor. The Senate's failure to try Donald Trump before he left office allowed the statute of limitations to run out with the Senate forfeiting the option of trying Donald Trump.


TOPICS: Conspiracy; Government; History; Politics
KEYWORDS: donaldtrump; impeachment; senate; trial

1 posted on 01/26/2021 9:47:34 PM PST by kathsua
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To: kathsua

All the dems and 5 republicans don;t care..Give them Barabbas and destroy Trump


2 posted on 01/26/2021 9:54:37 PM PST by Hambone 1934 (When will the dems turn the US into Venezuela????)
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To: kathsua

I think it is unconstitutional.

If Trump agrees, why is he not forcing the issue in court. ‘Tis a mystery, at least for me. This should be a slam dunk.


3 posted on 01/26/2021 9:56:20 PM PST by InterceptPoint (Ted, you finally endorsed.)
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To: kathsua

Republicans should fight it on those grounds not on the basis of “Trump did this or Trump did that.”

The process was conducted illegally in the House and will be illegal and unConstitutional in the Senate.


4 posted on 01/26/2021 9:58:02 PM PST by TigersEye (Everyone knows)
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To: InterceptPoint

If Trump agrees, why is he not forcing the issue in court.
__________________________________________________________

Trump knows they are going to do it, and he knows he won’t be convicted. Maybe he wants to tell his story and reveal some evidence.


5 posted on 01/26/2021 10:00:52 PM PST by SaxxonWoods (The Republican Party is dead. Long live the MAGA Party.)
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To: kathsua

Call as defense witnesses all those folks who provided affidavits alleging election fraud; that ought to keep the Senate busy until the next election, and help minimize any legistalve harm they’re busy planning.


6 posted on 01/26/2021 10:19:03 PM PST by Stosh
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To: kathsua

Since when does the constitution or rule of law EVER stop these mofos? Their VP and a past POTUS was ineligible constitutionally to hold these offices. So...?


7 posted on 01/26/2021 10:28:05 PM PST by albie
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To: albie

Fear the party that treats the Constitution like some workplace inconvenience.


8 posted on 01/26/2021 10:37:10 PM PST by ammodotcom
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To: kathsua

We keep hearing and reading that- but here they go nonetheless-


9 posted on 01/26/2021 11:05:07 PM PST by Bob434
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To: SaxxonWoods

Maybe he wants to tell his story and reveal some evidence.
+++++
That is a possibility. But I really question whether the Dems will allow any damaging evidence to be admitted. They have worked hard to suppress it so far and I don’t see why they would reverse course particularly when the chances of conviction are nil.

Like my wife continuously reminds me: “I don’t trust them. They have something up their sleeve.”


10 posted on 01/26/2021 11:07:47 PM PST by InterceptPoint (Ted, you finally endorsed.)
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To: kathsua

Since when is our federal government actually following the Constitution?


11 posted on 01/27/2021 12:38:39 AM PST by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: InterceptPoint

There’s no way in hell that the Dems would let Trump testify on his own behalf at his Senate trial even if he wanted to. Sure, depriving the accused of the right to proclaim his innocence goes against every sort of notion of a fair trial, but they don’t give a crap. They and their GOP lackeys like Mittens Romney are out for blood.

Nonetheless, my dream is for President Trump to come to the trial and deliver a speech along the lines of Al Pacino’s “this is such a crock of s—t” speech in Scent of a Woman.
https://www.youtube.com/watch?v=Jd10x8LiuBc


12 posted on 01/27/2021 12:39:58 AM PST by irishjuggler
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To: albie

So why even show up? Why not just stay at home and watch it on TV instead of participating in it? Or why not protest that it’s being staged as though it’s normal procedure? Why go along with it at all?


13 posted on 01/27/2021 12:41:29 AM PST by equaviator (If it seems like it's too bad to be true then maybe it isn't.)
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To: kathsua

Yes.

And nor or.


14 posted on 01/27/2021 1:56:24 AM PST by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: Bob434

They are an illegitimate body.

They know it and are acting accordingly.


15 posted on 01/27/2021 1:57:55 AM PST by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: kathsua

In the first hour, the Trump lawyer will turn to Leahy and ask how he is impartial, if he voted in the last impeachment. Leahy will freeze....have some shakes, and have some health emergency that starts up. Whole thing might end on day one.


16 posted on 01/27/2021 3:06:47 AM PST by pepsionice
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To: kathsua

Senate vote looks locked. I want the idiot Dims to publicize this, let’s get Trump and the stolen vote up on the stand, placing evidence of liberal fraud front and center.


17 posted on 01/27/2021 3:52:30 AM PST by jeffers
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To: kathsua

We have a president who cheated his way into office, so WTF is the point here?


18 posted on 01/27/2021 4:45:48 AM PST by TalBlack (We have a Christian duty and a patriotic duty. God help us.)
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To: ifinnegan

I agree. Th8ey are acting just like guilty people do


19 posted on 01/27/2021 8:51:17 AM PST by Bob434
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