6 Aug 2023 11:19 am
So when was this "suggestion" reviewed by the supreme court?jerrab » 05 Aug 2023, 3:35 pm » wrote: ↑ -------------------------------------------------------------------------------------------------
at 3 (Sept. 24, 1973) ( “ 1973 OLC Memo” ). In support of that claim, the memorandum cited a passage from the argument made by Luther Martin in his role as defense counsel in the impeachment trial of Justice Chase in 1805 3 and quoted a passage from Justice Joseph Story’s 1833 Commentaries on the Constitution.4 Story, the memorandum suggested, took the position that neither conviction nor acquittal by the Senate would bar a criminal prosecution. Id. at 2 n.2. The reasoning supporting our embrace of the position we attributed to Story was contained in a single sentence in a footnote: “ The conclusion that acquittal by the Senate does not bar criminal prosecution follows from the consideration that such an acquittal may be based . . . on jurisdictional grounds, e.g., that the defendant is not an officer of the United States in the constitutional sense, or on discretionary grounds, e.g., that the defendant no longer is an officer of the United States and unlikely to be reappointed or reelected, or on grounds which are partly jurisdictional and partly substantive, e.g., that the offense was not of an impeachable nature.” Id. The memorandum thus rested its conclusion on a somewhat elaborated version of the third argument made in the United States’s brief in the Agnew cas