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Fact check: No, impeachment itself would not ban Trump from a 2024 presidential run
abc7.com Eyewitness News Los Angeles ^ | Monday, January 11, 2021 6:17PM | CNNWire By Daniel Dale

Posted on 01/11/2021 6:53:47 PM PST by higgmeister

Even a Senate vote to remove Trump would not prohibit him from running in 2024; for the Senate to ban him from the presidency, it would have to hold an additional vote on this question.

(Excerpt) Read more at abc7.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; Politics/Elections
KEYWORDS: 2024; idiotpelosi; impeachment; trump
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To: stuck_in_new_orleans

You had better believe this Patriot will vote for him if he runs in 2024... if I am around!


61 posted on 01/11/2021 8:04:45 PM PST by pollywog (" O thou who changest not....ABIDE with me")
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To: pollywog

LOL


62 posted on 01/11/2021 8:04:50 PM PST by plain talk
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To: Gay State Conservative
Again,unless I've misunderstood Professor Dershowitz,the ruling (s) you refer to have escaped his notice or doesn't/don't say what you think.

https://en.wikipedia.org/wiki/William_W._Belknap#House_investigation,_corruption,_and_resignation_1876

In 1876, Secretary of War William Bellknap was facing impeachment by the House for charges of corruption, and resigned. After being informed of Belknap's resignation, the House impeached him anyway.

The Senate argued whether they had jurisdiction to try Belknap since he had resigned, but voted 37-29 that they did have jurisdiction. The senate failed convict, having only gotten 35 of the required 40 votes for a 2/3 majority.

So the precedent has been set to impeach after leaving office, but not at the Presidential level.

Professor Dershowitz is allowed his legal opinion, but there is historical precedence for the practice.

63 posted on 01/11/2021 8:08:25 PM PST by Yo-Yo (is the /sarc tag really necessary?)
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To: stuck_in_new_orleans

You mean we have to vote for a fake Conservative who pretends to like us? Not me. After these next 4 years it isn’t really going to matter.


64 posted on 01/11/2021 8:13:15 PM PST by kempster (w President of all time.)
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To: joshua c
Removing from office after his term ends is nonsensical but we are talking about the LEFT.

After being convicted in the Senate, there is a second penalty vote for "disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States" that only requires a simple majority vote in the Senate.

When Alcee Hastings was impeached and removed from his office as federal judge, the penalty was NOT invoked, which is why Hastings is now a U.S. Representative.

The point of impeaching Trump after January 20th is to render him ineligible for office in 2024.

65 posted on 01/11/2021 8:13:17 PM PST by Yo-Yo (is the /sarc tag really necessary?)
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To: higgmeister

Article III, Section 3, para 7:

“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.”

Notice that the one convicted can be permanently disqualified from office.


66 posted on 01/11/2021 8:13:38 PM PST by sitetest (Professional patient; no longer mostly dead.)
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To: scouter
Do you have some reference to a law or to Senate rules, or House rules on impeachment that specify that barring from office requires a separate vote?

The Senate determined that a separate, simple majority vote for the penalty phase of conviction was required, based on the wording of Article I, Section 3, Clause 7.

67 posted on 01/11/2021 8:17:04 PM PST by Yo-Yo (is the /sarc tag really necessary?)
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To: dfwgator

More than 17 senators are aware of his 70M voting fans and would be signing for their political death.


68 posted on 01/11/2021 8:22:36 PM PST by chiller (Davey Crockett said: "Be sure you're right. Then go ahead'. I'm going ahead.)
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To: higgmeister

If he is convicted by the senate while being an office holder he would lose the right to serve as a federal official (executive position or judge) but you can’t impeach a private citizen. If they can can convict him under the 14th amendment he can’t hold any federal or state official position.


69 posted on 01/11/2021 8:36:30 PM PST by Liaison (TANSTAAFL)
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To: higgmeister

Trump has two options at this point realistically, as the press has damaged his reputation as a public figure. He can activate the insurrection act and set things right or he can retire.

The communists are already rewriting history and they are going to chisel it in stone by destroying the Right’s means of communication and its influence. They will never allow Trump any political power or influence.

I just don’t see how a free America can emerge after Biden/Harris. The damage Obama had done wasn’t really repaired. Even some of Clinton’s decisions and laws haunt us still. We are fighting an uphill battle and it’s just gotten steeper.

We’re fighting a global enemy that has reversed our elections. Our institutions are infiltrated. Our media is intent on controlling the masses through misinformation and brainwashing. Our schools are little reeducation camps.

I’m just a bit tired of all this injustice and lawlessness and oppression. I’ve never felt so helpless in my life in the face of such vile and corrupt power.


70 posted on 01/11/2021 8:40:25 PM PST by Crucial ( )
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To: Crucial

Trump is fine. He would win in ‘24 if he wants to.


71 posted on 01/11/2021 8:42:09 PM PST by central_va (I won't be reconstructed and I do not give a damn...)
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To: Yo-Yo
The Senate determined that a separate, simple majority vote for the penalty phase of conviction was required, based on the wording of Article I, Section 3, Clause 7.

Is that in the Senate rules? Or is it something they determine for each impeachment?

72 posted on 01/11/2021 8:57:27 PM PST by scouter (As for me and my household... We will serve the LORD.)
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To: higgmeister

Why would we want him to run again in 2024? He would be 78. Are there no younger men with a vision for us? Surely one has to exist...


73 posted on 01/11/2021 9:31:53 PM PST by softengine
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To: joshua c

Proud to say that I am NOT a member of the GOP. I learned to send directly to the PAC of the politician I support. Something I learned from Sarah Palin because she also hated the GOP..


74 posted on 01/11/2021 9:54:24 PM PST by max americana (FIRED LEFTARD employees at our office every election since 2008 and enjoyed seeing them cry.)
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To: scouter

The disqualification of holding any future office is in the constitution itself. It does not need to be listed in the indictment.


75 posted on 01/11/2021 10:07:34 PM PST by nonsporting (The left is profoundly evil)
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To: softengine
Why would we want him to run again in 2024? He would be 78. Are there no younger men with a vision for us? Surely one has to exist...

This post was not supposed to be about the President running in 2024.   The point is, there is nothing in the Constitution that states that a President that has been Impeached is not qualified to be President.   Nancy Pelosi's effort to Impeach is pointless.

76 posted on 01/11/2021 10:20:12 PM PST by higgmeister ( In the Shadow of The Big Chicken )
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To: Safrguns
I think you are right.   President Trump is not standing down.
77 posted on 01/11/2021 10:23:30 PM PST by higgmeister ( In the Shadow of The Big Chicken )
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To: Yo-Yo
Thank you!   So, this ABC news fact check is wrong, and those that say "Office of honor, Trust or Profit under the United States" has never been defined, are spinning their wheels, Because if that was ever contested, the SCOTUS would have no problem ruling that applied without question to the Presidency.   Again, thank you for setting me straight.   That is why I said prove me wrong.   I was concerned someone could.
78 posted on 01/11/2021 10:37:20 PM PST by higgmeister ( In the Shadow of The Big Chicken )
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To: stuck_in_new_orleans
I hear a number of people proposing a DeSantis/Noem ticket.

About as Trumpist as you can get without Trump. And I wouldn't mind looking at Governor Noem for aa few years.


79 posted on 01/11/2021 11:08:56 PM PST by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters. )
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To: Gay State Conservative

Jonathan Turley said the same thing. He also says that impeaching Trump would set a bad precedent: that you can impeach a president for the actions of his supporters. Turley has a point.


80 posted on 01/11/2021 11:10:45 PM PST by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters. )
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