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In Its Desperation to Get Trump, Senate Created Unconstitutional Precedent for Impeaching Former Officials
FrontPage Magazine ^ | Feb 10, 2021 | Daniel Greenfield

Posted on 02/10/2021 6:21:43 AM PST by george76

Up until now the only precedent for impeaching former officials was the Belknap case involving President Grant's Secretary of War who had resigned in an attempt to avert impeachment, only for the Senate to vote that former officials could be impeached him. Belknap was however acquitted because enough senators voted against on the grounds that the Senate did not have jurisdiction.

And that was back in the 1870s.

In its desperation to get President Trump, Democrats and some Republicans, including Mitt Romney, decided to create a much more binding precedent that will make it possible to try former presidents. And it's unlikely that Senate Republicans will even have the presence of mind to do what Republicans in the 1870s did, which was vote against it on the grounds that the Senate doesn't have the jurisdiction to try former officials.

This means that this piece of political theater will have consequences that will reverberate down the road in ways we can't even begin to predict.

The Supreme Court could in theory pivot the other way. So could future legislatures. But the Supreme Court has generally avoided intervening in impeachments on grounds other than violations of the specific wording of the Constitution, though even Chief Justice Roberts showed that he believed that this impeachment was illegitimate by refusing to attend.

The 56-44 vote was not only a spiteful attack on President Trump. It not only violated basic norms that distinguished this country's respect for free speech from Europe, but it was also thoughtless and mindless. Few to none of the 56 seemed to have given any consideration to anything except current politics.

And yet they've introduced a fundamental change in the impeachment power that brings it more into line with the systems of old England rather than America.

They've turned a proceeding meant to remove elected officials into a free pass for pursuing vendettas against them long after they have left office.

And everyone will likely have cause to regret that.


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections; US: Utah
KEYWORDS: greenfield; impeaching; senate; trump; trumpimpeachtrial; unconstitutional
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Impeach Jimmy Carter for giving away the Panama Canal... that helps the communist Chinese dictator.
1 posted on 02/10/2021 6:21:43 AM PST by george76
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To: george76

Impeach WASHINGTON. HE OWNED SLAVES................


2 posted on 02/10/2021 6:22:46 AM PST by Red Badger (SLEAZIN' is the REASON for the TREASON .................................)
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To: Red Badger

Impeach Obola for letting Ebola into the USA
and Quartering it in blue states.


3 posted on 02/10/2021 6:24:16 AM PST by Diogenesis (Si Vis Pacem, Para Bellum)
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To: george76

This is like the Roman Republic when former consuls would be tried for “crimes” by their political enemies after the terms ended and would end their days in exile (see Publius Cornelius Scipio, the man who defeated Hannibal among others). This was going to happen to Caesar right after he fought one of the most brilliant campaigns in history and enlarged Rome’s borders. Instead, he crossed the Rubicon with his army, leading to the end of the Republic. The ‘rats and their RINO quislings appear to be hastening the end of our republic as well.


4 posted on 02/10/2021 6:27:28 AM PST by Sans-Culotte (11/3-11/4/2020 - The USA became a banana republic.)
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To: george76

Who assembled Trump’s legal team? It would seem that any accused is entitled to competent legalrepresentation. Trump would have been better off if he hired the Thomas More Society to defend him.


5 posted on 02/10/2021 6:27:47 AM PST by allendale
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To: george76

“The 56-44 vote”

Since when do a room full of senators vote to decide whether or not something is constitutional?

That’s not the way it’s done.


6 posted on 02/10/2021 6:27:56 AM PST by READINABLUESTATE (CENSORSHIP = VIOLENCE)
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To: george76

In a surprise maneuver today the Senate has convened the Impeachment Trial for Everyone....


7 posted on 02/10/2021 6:28:22 AM PST by Rurudyne (Standup Philosopher)
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To: george76

Impeach FDR for Stealing our Gold
Impeach LBJ for FUN
Impeach Obama for being there


8 posted on 02/10/2021 6:28:56 AM PST by eyeamok
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To: george76

Based on an awful lot of legal scholars comments and the arguments of yesterday, I think the House Managers made a pretty convincing case it was constitutional and Trump’s lawyers did him no favors. I just wish the Rats did not do this and moved on. I don’t think Trump deserves this treatment.


9 posted on 02/10/2021 6:29:26 AM PST by hawkaw
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To: george76

Trump’s defense thought the prosecution did a marvelous job.


10 posted on 02/10/2021 6:30:34 AM PST by 1Old Pro
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To: Rurudyne

They really want to impeach and remove MAGA voters, somehow.


11 posted on 02/10/2021 6:30:42 AM PST by Mr. Jeeves ([CTRL]-[GALT]-[DELETE])
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To: Rurudyne

No surprise, and it was Not Constitutional

But, wait till it gets ruled as a Tax by you know who in 3..2..1


12 posted on 02/10/2021 6:30:55 AM PST by wombatsrule
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To: allendale

It wouldn’t matter if Samuel Adams was representing him. The swamp creatures persecuting Trump cannot be reasoned with.


13 posted on 02/10/2021 6:31:49 AM PST by frogjerk (I will not do business with fascists)
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To: READINABLUESTATE
Since when do a room full of senators vote to decide whether or not something is constitutional? That’s not the way it’s done.

It is in Third World governments, like America's has become.

14 posted on 02/10/2021 6:31:49 AM PST by 1Old Pro
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To: george76

For a group of people that take an oath to support and defend the constitution, they sure seem hellbent on destroying it. They should all be jailed.


15 posted on 02/10/2021 6:31:59 AM PST by Dutch Boy
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To: george76

Yeah, and here come the star chambers.

Thanks, uniparty!


16 posted on 02/10/2021 6:33:18 AM PST by cld51860 (Volo pro veritas)
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To: eyeamok

Impeach former presidents Obama, Clinton, and Carter for giving aid and comfort to the enemy and for stealing oxygen.

Then go after the formerly living Demonicrat presidents for assorted crimes, corruption, and malfeasance, especially Woodrow Wilson.


17 posted on 02/10/2021 6:33:27 AM PST by Carl Vehse
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To: Rurudyne

Thank you! President Trump proved that they’re not really after him, they’re after us. He was just standing in the way.


18 posted on 02/10/2021 6:34:02 AM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: All
FREEPER ACTION PROJECT:

<><> Is impeachment a fake diversion to hide Biden’s covert activities against Americans?

<><> Has post-Obama Biden put US policy up for sale.....again?

<><> Why are we in lock-down while Biden throws open the border to COVID refugees?

<><> Why did Biden disallow Americans from knowing which neighborhoods he’s sending COVID carriers?

<><> Why are Americans paying exorbitant prices for gasoline since Biden took office?

<><> Is Biden aiding and abetting Russia becoming rich from its oil?

<><> Does Hunter have hidden deals with foreign countries?

<><> How many reckless spending Democrat states does Biden plan to bailout with our tax dollars?

<><> Where are the green jobs Biden promised thousands he put out of work with a stroke of his E/O pen?

<><> How many more E/O's does Biden plan to sign?

<><> Where’s the $2,000 Biden promised Americans?

================================

Judicial Watch
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Washington, DC 20024
TELE 1-888-593-8442 between 8:30am and 5:30pm EST.

Civil Rights Division of the Department of Justice How to file a complaint: https://www.justice.gov/crt/how-file-complaint
WH EMAIL CONTACT PAGE https://www.whitehouse.gov/contact/

US CONGRESS SWITCHBOARD: (202) 224-3121

You can fax free from here: https://faxzero.com/fax_senate.php

You can get phone numbers here: https://contactsenators.com/party.php?party=republican

19 posted on 02/10/2021 6:34:52 AM PST by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use. )
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To: READINABLUESTATE

Exactly but some here believe the nonsense that the Senate can just change the meaning, manner and objective of impeachment and the hell with established norms and the actual meanings of words by majority vote.


20 posted on 02/10/2021 6:35:10 AM PST by frogjerk (I will not do business with fascists)
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