Ugh. Bad take.
Impeachment is a political process, not a criminal one. Yes it’s BS that this is even happening, but the idea that someone would even suggest double jeopardy as an escape valve is unserious at best.
Address all the points on a technical basis and refute them, including references.
The law is technical as you obviously know. There are many who believe this is the case. So make the case. There is not a footnote in the Constitution saying “this is only for fun! If ya wanna fry the SOB a coupla years after he leaves office, knock yerself out!”
Impeachment, by the House, is a political process, although it is similar to a Grand Jury.
The trial in the Senate is a criminal process.
You a lawyer?
This article contradicts its own argument:
“The Supreme Court has affirmed “the Double Jeopardy Clause prohibits merely punishing twice, or attempting a second time to punish criminally, for the same offense.” Helvering v. Mitchell, 303 U.S. 391, 399 (1938). 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: there is simply no other form of legal redress that is tolerable under the Constitution.”
The impeachment/conviction process in Congress is not a criminal process. It is a political process entirely to determine if someone is to be removed from office. So this argument the author makes doesn’t even apply under his own standard. He apparently doesn’t know what the impeachment process entails, nor its purpose, to make such an argument.
So why is it called a trial in the Senate?
“Impeachment is a political process, not a criminal one.”
Impeachment is a legal process prescribed by the Constitution to address criminal acts — crimes and misdemeanors.
Please, no more posting from this author’s website. He lacks a fundamental understanding of the Constitution and US laws. AKA a fool