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Question for legal beagles out there
1/14/21 | President-elect Sidebar Moderator

Posted on 01/14/2021 11:54:31 AM PST by Sidebar Moderator

The senate plans to try Trump as a private citizen. Is this even legal/Constitutional? The expressed purpose of an impeachment trial is to remove a government functionary from office. If the senate trial is held after Trump leaves office, what would be the point???


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To: humblegunner

You nailed it. It’s just political grandstanding - basically, a political show trial.


21 posted on 01/14/2021 12:05:53 PM PST by Sidebar Moderator
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To: Sidebar Moderator

How about some examples of stuff Pelosi says that DO make sense. LOL


22 posted on 01/14/2021 12:05:54 PM PST by going hot
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To: colorado tanker

They are also seeking to remove his pension, office costs and Secret Service detail.

Purely vindictive.


23 posted on 01/14/2021 12:05:58 PM PST by Steven Scharf
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To: Sidebar Moderator

But these democrats are showing their mental disease so of course it’s full steam ahead.


24 posted on 01/14/2021 12:06:36 PM PST by cyclotic (The most dangerous people are the ones that feel the most helpless)
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To: kaehurowing

“It would be an unlawful Bill of Attainder. (A legislative trial.) Prohibited by the Constitution.”

Using transitive logic, exactly. It also means a political party controlling the Senate and House could ‘impeach’ a candidate and prevent them from running for office.


25 posted on 01/14/2021 12:06:41 PM PST by CodeToad (Arm Up! They Have!)
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To: colorado tanker

“But, the Framers did not envision 21st Century Democrats.”

They did. It is why they gave us the 2nd Amendment. Tyranny comes in all shapes and sizes.


26 posted on 01/14/2021 12:07:31 PM PST by CodeToad (Arm Up! They Have!)
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To: Sidebar Moderator

As has been answered many times, it would be unconstitutional. The reason they will do it anyway is to keep the narrative alive and try to prevent him from running for office again.


27 posted on 01/14/2021 12:07:35 PM PST by Intar
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To: colorado tanker

Excellent point.


28 posted on 01/14/2021 12:07:39 PM PST by Sidebar Moderator
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To: ChronicMA

Well, they did have a fed judge that wanted to continue the trial and sentencing after the DOJ dropped charges (Flynn), so there is precedent for beating dead horses.


29 posted on 01/14/2021 12:08:12 PM PST by going hot
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To: fruser1

Likewise! 😉


30 posted on 01/14/2021 12:08:57 PM PST by Sidebar Moderator
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To: ChronicMA

Well put. Thanks.


31 posted on 01/14/2021 12:10:21 PM PST by Sidebar Moderator
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To: Adder

😂😂


32 posted on 01/14/2021 12:10:39 PM PST by Sidebar Moderator
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To: going hot

LOL!


33 posted on 01/14/2021 12:11:11 PM PST by Sidebar Moderator
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To: Sidebar Moderator

Whatever the Democrats decide they want to do was formally made legal when SCOTUS gave neither President Trump, nor Texas and several states standing in the suit against PA.


34 posted on 01/14/2021 12:12:44 PM PST by SecondAmendment (This just proves my latest theory ... LEFTISTS RUIN EVERYTHING)
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To: brownsfan

U.S. Grant’s Attorney General was impeached after resigning, so the precedent is there. And there’s more than removal from office involved—there’s also the loss of the pension, Secret Service protection, some other money to run an office, and the bar against holding public office in the future, so not all the punishments of impeachment are made moot by leaving office.


35 posted on 01/14/2021 12:14:08 PM PST by Bubba Ho-Tep ("The rat always knows when he's in with weasels."--Tom Waits)
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To: Sidebar Moderator

Numerous experts on Constitutional law agree its illegal and Unconstitutional.

Luttig, Wallner, Dershowitz among a few.


36 posted on 01/14/2021 12:14:10 PM PST by TexasGurl24
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To: Intar

But the vote barring Trump from seeking public office again would have to follow a conviction, which isn’t even remotely likely, rendering the whole thing utterly nonsensical.


37 posted on 01/14/2021 12:14:52 PM PST by Sidebar Moderator
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To: ChronicMA
The problem Schumer may run into however is a lack of cooperation from Chief Justice Roberts. The constitution requires that he preside over Presidential impeachment trials and it is questionable if he would want to diminish the reputation of the SCOTUS by attended a farce trial.

Wanna bet? Roberts is more likely to simply say "The Constitution requires me to preside at impeachment trials in the senate. This is an impeachment trial. Therefore I will preside."

38 posted on 01/14/2021 12:16:29 PM PST by Bubba Ho-Tep ("The rat always knows when he's in with weasels."--Tom Waits)
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To: Sidebar Moderator
Article 1, Section 8 gives congress the authroity

"To constitute Tribunals inferior to the Supreme Court"

In, other words, to create federal courts. Libs could interpret it broadly to create witchhunt tribunals for a specific controversies.

39 posted on 01/14/2021 12:20:05 PM PST by Spirochete
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To: Bubba Ho-Tep

Trump isn’t on the ballot in 2022. A lot of mainline GOPe are. Roberts might just find his spine given that. Who knows.


40 posted on 01/14/2021 12:21:17 PM PST by lodi90
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