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To: DugwayDuke
Suppose the Senate votes to convict on purely political reasons, where does one appeal the conviction?

Something like that would never make it to conviction, and THE PEOPLE would be adamantly against a wrongful impeachment and they wouldn't allow something like that get to conviction. And, last resort, SCOTUS for appeal. And, appeal would take yours to reach an end, which would mean that a president would have finished whatever term he/she was serving.

But, basically, purely political motives would be discarded almost immediately and never get to indictment or impeachment. Would not get even to first base.
47 posted on 12/27/2018 3:43:04 PM PST by adorno
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To: adorno

adorno wrote: “Something like that would never make it to conviction, and THE PEOPLE would be adamantly against a wrongful impeachment and they wouldn’t allow something like that get to conviction. And, last resort, SCOTUS for appeal.”

You’re simply wrong on the law.

A federal judge named Walter Nixon (no relation) was criminally tried and found guilty of making false statements to a grand jury. He was then impeached by the House, and tried and convicted by the Senate.

He appealed his conviction in the Senate, on procedural grounds, in Nixon v. United States, 506 U.S. 224 (1993). The Supreme Court held unanimously that impeachment decisions by the House and the ensuing trial in the Senate ate not “justiciable”. That is, no court in the land, including the Supreme Court, can review or overrule them.

Since impeachment and removal from office may not be appealed, then those actions can be taken on whatever basis the House and Senate choose to act upon. The only peaceful response available to the people would be to vote to remove those responsible from office.


48 posted on 12/27/2018 4:01:13 PM PST by DugwayDuke ("A man hears what he wants to hear and disregards the rest")
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