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Double Jeopardy: Jack Smith’s indictments of Donald Trump are unconstitutional because he was already tried - and acquitted - in the Senate of any wrongdoing.
Paul Ingrassia Substack ^ | 08/24/2023

Posted on 08/24/2023 9:57:25 PM PDT by SeekAndFind

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To: gas_dr

See post #18.


21 posted on 08/24/2023 11:13:15 PM PDT by TigersEye (Woke is a cancer of the mind and humanity)
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To: TigersEye

I’m not exactly sure what you mean?


22 posted on 08/24/2023 11:14:08 PM PDT by gas_dr (Conditions of Socratic debate: Intelligence, Candor, and Good Will)
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To: gas_dr

I already conceded the point you’re making.


23 posted on 08/24/2023 11:14:50 PM PDT by TigersEye (Woke is a cancer of the mind and humanity)
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To: TigersEye

Sorry. Late to the party on my end


24 posted on 08/24/2023 11:16:03 PM PDT by gas_dr (Conditions of Socratic debate: Intelligence, Candor, and Good Will)
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To: gas_dr

It is late. And I’m off to eat a late dinner and watch an old movie. :)


25 posted on 08/24/2023 11:17:20 PM PDT by TigersEye (Woke is a cancer of the mind and humanity)
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To: Regulator
IOW you can’t.

Pathetic.

Y'all are captured and you are looking like clowns. I'm looking forward to when you aren't.

I miss having a reason to donate to this site. I miss Freepathons reaching their goals in days and not weeks. Judging by the pace of donations, I'd bet a lot of other people feel the same way. If your mindset is the prevailing one on this forum. By all means, embrace it and keep going. I want this forum to succeed.

26 posted on 08/24/2023 11:30:49 PM PDT by jz638
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To: SeekAndFind

Garland is playing Final Jeopardy.


27 posted on 08/24/2023 11:50:46 PM PDT by Paladin2
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To: SeekAndFind

uhmmm....NO

Impeachment is a political trial, not a criminal trial.

Only way to get there is Supremacy Clause and I don’t think that works either...


28 posted on 08/25/2023 12:36:28 AM PDT by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: Republican Wildcat

Because the President has already been prosecuted—twice—for the asserted crimes underlying both of Jack Smith’s indictments, the legal remedy has already been applied

To your point: The Salem Witch Trials of both impeachment proceedings were under the jurisdiction of The House and not Federal or State violations of law

The second one really demonstrated they mentally hollow and morally corrupt since he was already out of office, they could not possibly have held a legitimate trial, as impeachment is only for those currently holding office, who can be removed upon conviction.

Bread and Circuses...


29 posted on 08/25/2023 12:41:19 AM PDT by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: Republican Wildcat
Here’s where your logic is flawed …

If the constitutional provision for impeachment only relates to suitability to hold office and is completely separate from any considerations for criminal acts, then there would be no legal impediment for a state prosecutor to bring criminal charges against a sitting President.

I would have no problem with that on principle, but it’s an absurd scenario because it means the U.S. doesn’t really have a federal government.

30 posted on 08/25/2023 2:03:24 AM PDT by Alberta's Child (“Freedom is just another word for nothing left to lose.”)
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To: Republican Wildcat

What’s amazing is that you have to repeatedly answer what is wrong to begin with, impeachment is a political process and and has nothing to do with criminal proceedings, it seems like every day we have a couple of articles posted that offer a new perspective on defending Donald Trump regardless of how ridiculous they are people on FR fall for them completely and then get offended when confronted with evidence that proves the article is false

Yes, the criminal charges against Trump are wrong but the impeachment trials in the Senate have no bearing whatsoever on criminal charges with respect to double jeopardy


31 posted on 08/25/2023 2:03:52 AM PDT by srmanuel
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To: jz638

So why is it called a trial in the Senate?


32 posted on 08/25/2023 2:25:16 AM PDT by roving (👌⚓Deplorable Listless Vessel with Trumpitist)
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To: SeekAndFind

.


33 posted on 08/25/2023 3:08:57 AM PDT by sauropod (I will stand for truth even if I stand alone.)
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To: SeekAndFind

Facing 717 years, if convicted on all counts - maybe they will give him a century or two off for good behavior?


34 posted on 08/25/2023 3:21:24 AM PDT by PIF (They came for me and mine ... now its your turn)
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To: SeekAndFind

UnConstitutional in a postConstitutional nation such as the Disunited States is just a word.


35 posted on 08/25/2023 4:04:32 AM PDT by Tupelo (ex uno multis)
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To: SeekAndFind

There is that pesky “Trump Clause” that gives anyone the right to charge him with anything, deny him the attorney-client privilege, lie about him to get warrants allowing him to be spied on, and just about anything else they want to do to “get Trump”.


36 posted on 08/25/2023 4:27:20 AM PDT by euram (allALL)
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To: SeekAndFind

Notably, the Impeachment Judgment Clause of the Constitution, Art. I Sec. 3, reads as follows: “a person convicted upon an Impeachment, shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.” A plain reading of the clause allows for the subsequent indictment after a person is convicted and convicted only. This is in agreement with the longstanding judicial canon of construction, expressio unius est exclusio alterius, “the expression of one is the exclusion of others,” which provides that because the text excludes the term “acquittal” from the relevant clause, the framers’ intent was that only convicted officeholders would be open to additional prosecution, and not officeholders that were already acquitted based on constitutional procedure for their alleged crimes, therefore exhausting the constitutional remedy in toto.

Tile guy ties himself in a knot trying to make a nonsensical point. Impeachment is procedural and civil, NOT criminal. His entire argument smacks of desperation.


37 posted on 08/25/2023 4:34:14 AM PDT by jagusafr ( )
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To: SeekAndFind

This would be something if we had a judicial system that was following law.


38 posted on 08/25/2023 4:38:36 AM PDT by TermLimits4All ("If you stand for nothing, you'll fall for anything.")
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To: SeekAndFind

What would Professors Dershowitz and Turley have to say about this?


39 posted on 08/25/2023 4:54:57 AM PDT by Gay State Conservative (Two Words: BANANA REPUBLIC!)
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To: TigersEye

If he had been “convicted” by the Senate would he have been subject to any punishment *other than* removal from office?


40 posted on 08/25/2023 4:56:38 AM PDT by Gay State Conservative (Two Words: BANANA REPUBLIC!)
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