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To: CodeToad

LArticle I, Section 3, Clause 7 covers:

1. removal from office (if still in office)
2. bar from holding future office (whether they’re being removed from office or have already left it)

In the event that an impeached individual is found guilty, (2) applies.

I think there is already more than one precedent of an impeached individual resigning or bring expelled before the impeachment.

Blount
Judge Mark H. Delahay
William W. Belknap

The defense in the Belknap case was:

“... The judgment which the Constitution requires you to pronounce is a judgment of removal and disqualification—not removal or disqualification.”

Convention rather than precedent suggests that Trump shouldn’t be impeached after leaving office.

But between the Belknap case and the Former President’s Act, the judgement of removal could be to rescind the privileged status of an ex-POTUS, and then disqualification could be to prevent a convicted person running for high office.

Since that is consistent with the letter of the law, it follows that “you can’t impeach someone who’s already left the position” ignores precedent and ignores the status conferred on ex presidents.


171 posted on 01/31/2021 12:05:05 PM PST by MalPearce
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To: MalPearce

“2. bar from holding future office (whether they’re being removed from office or have already left it)”

Nope. There is nothing in the constitution about that. Nothing. You made that part up.


176 posted on 01/31/2021 1:03:20 PM PST by CodeToad (Arm Up! They Have!)
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To: MalPearce
Supreme Court Chief Justice Morrison Waite did indeed tribune Sec'y of War Belknap's extra-constitutional Senate trial, and so Chief Justice Quisling is evermore the coward when faced with American history...


177 posted on 01/31/2021 1:04:01 PM PST by StAnDeliver (Eric Coomer of Dominion Voting Systems Is The Blue Dress)
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