Smith's indictments lack constitutionality, double jeopardy

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By FredH
3 Aug 2023 6:06 pm in No Holds Barred Political Forum
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FredH
3 Aug 2023 6:06 pm
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However there is a constitutional basis pointing out an acquittal in the senate cannot be tried twice. The odd part is if he had been found guilty he could have been tried again. Note it says Party convicted. Trump was not convicted.

Browse the Constitution Annotated
Article I

Section 3 Senate
Clause 7 Impeachment Judgments

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.
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FredH
3 Aug 2023 6:08 pm
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But the NYPost funny papers say;

Here is proof you read the funny papers. Possibly why you leftards are considered stupid.

https://nypost.com/2022/11/18/trump-arg ... -jeopardy/

The Fifth Amendment’s double jeopardy clause prohibits anyone from being prosecuted twice for the same crime, however, the Constitution explicitly states that impeached individuals “shall nevertheless be liable and subject to indictment, trial, judgment and punishment.”

Note that the constitution says nothing of the sort, is says Party convicted not impeached individuals.
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ConsRule
3 Aug 2023 7:18 pm
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FredH » 03 Aug 2023, 6:06 pm » wrote: However there is a constitutional basis pointing out an acquittal in the senate cannot be tried twice. The odd part is if he had been found guilty he could have been tried again. Note it says Party convicted. Trump was not convicted.

Browse the Constitution Annotated
Article I

Section 3 Senate
Clause 7 Impeachment Judgments

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.
Your own post states Trump can still be tried, judged and punished.  If a person can be convicted and still be tried, obviously double jeopardy is not-applicable. Besides, the 5th Amendment statement related to double jeopardy clearly states criminal.  Impeachment is NOT a criminal process, it is a political process.

 
 
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jerra b
3 Aug 2023 8:18 pm
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FredH » 03 Aug 2023, 6:06 pm » wrote: However there is a constitutional basis pointing out an acquittal in the senate cannot be tried twice. The odd part is if he had been found guilty he could have been tried again. Note it says Party convicted. Trump was not convicted.

Browse the Constitution Annotated
Article I

Section 3 Senate
Clause 7 Impeachment Judgments

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.

he was never charged with this in an actual court.
 
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jerra b
3 Aug 2023 8:30 pm
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FredH » 03 Aug 2023, 6:08 pm » wrote: But the NYPost funny papers say;

Here is proof you read the funny papers. Possibly why you leftards are considered stupid.

https://nypost.com/2022/11/18/trump-arg ... -jeopardy/

The Fifth Amendment’s double jeopardy clause prohibits anyone from being prosecuted twice for the same crime, however, the Constitution explicitly states that impeached individuals “shall nevertheless be liable and subject to indictment, trial, judgment and punishment.”

Note that the constitution says nothing of the sort, is says Party convicted not impeached individuals.
--------------------------------------------

Does that mean the founders wanted acquitted officials to be spared from “double jeopardy”? Not so, said Robert Bork in 1973 when the indictment of Vice President Agnew was mooted. Impeachment trials, unlike criminal trials, “may,”  Bork observed, “sometimes be influenced by political passions.” Plus, too, “somewhat more than one-third of the Senate” might deem a crime “punishable in the courts,” yet not “on impeachment.”The suggestion that an official acquitted under impeachment would as a result be spared from criminal prosecution, Bork wrote, could result in an abuse of the impeachment power. It would grant such an official “permanent immunity from criminal prosecution however plain his guilt.” That could even “give the Congress the power to pardon by acquittal,” he reasoned. He found “no such requirement in the Constitution or in reason.” 
 
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jerra b
3 Aug 2023 8:33 pm
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FredH » 03 Aug 2023, 6:08 pm » wrote: But the NYPost funny papers say;

Here is proof you read the funny papers. Possibly why you leftards are considered stupid.

https://nypost.com/2022/11/18/trump-arg ... -jeopardy/

The Fifth Amendment’s double jeopardy clause prohibits anyone from being prosecuted twice for the same crime, however, the Constitution explicitly states that impeached individuals “shall nevertheless be liable and subject to indictment, trial, judgment and punishment.”

Note that the constitution says nothing of the sort, is says Party convicted not impeached individuals.
https://www.cnn.com/2021/02/13/politics ... index.html

after the senate hearing----------McConnell argued that “impeachment was never meant to be the final forum for American justice,” but suggested Trump could be subject to criminal prosecution in the future.“We have a criminal justice system in this country. We have civil litigation. And former Presidents are not immune from being held accountable by either one,” he said.House impeachment managers had asserted that there should not be a “January exception” for impeachment, contending that it’s a crucial tool for Congress to hold the president accountable, and that the pro-Trump riot proved once again that the most dangerous time in a democracy is during the transfer of power. A conviction also would have led to a subsequent vote to disqualify Trump from holding public office again.//////===== Senate Minority Leader Mitch McConnell directly blamed former President Donald Trump for fomenting last month’s riot but voted Saturday to acquit him anyway of inciting an insurrection.McConnell sharply criticized his former ally in a speech on the Senate floor shortly after Trump was cleared in a 57-43 vote, saying the rioters had been “fed wild falsehoods by the most powerful man on Earth. Because he was angry he’d lost an election.”“Former President Trump’s actions that preceded the riot were a disgraceful, disgraceful dereliction of duty,” added McConnell. “Trump is practically and morally responsible for provoking the events of the day.”
 
 
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Squatchman
4 Aug 2023 3:08 am
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FredH » 03 Aug 2023, 6:06 pm » wrote: However there is a constitutional basis pointing out an acquittal in the senate cannot be tried twice. The odd part is if he had been found guilty he could have been tried again. Note it says Party convicted. Trump was not convicted.

Browse the Constitution Annotated
Article I

Section 3 Senate
Clause 7 Impeachment Judgments

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.
   You poor,stupid trump supporter.
  Your attempt at armchair attorney really shows how much brain power you lack.
 You're better off going back to calling up the old guys to fight a civil war for trump values.
 
 
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razoo
4 Aug 2023 3:14 am
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FredH » 03 Aug 2023, 6:08 pm » wrote: But the NYPost funny papers say;

Here is proof you read the funny papers. Possibly why you leftards are considered stupid.

https://nypost.com/2022/11/18/trump-arg ... -jeopardy/

The Fifth Amendment’s double jeopardy clause prohibits anyone from being prosecuted twice for the same crime, however, the Constitution explicitly states that impeached individuals “shall nevertheless be liable and subject to indictment, trial, judgment and punishment.”

Note that the constitution says nothing of the sort, is says Party convicted not impeached individuals.
NY POST is fake News ........... your misinterpretation has zero foundation............
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Squatchman
4 Aug 2023 3:45 am
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razoo » 04 Aug 2023, 3:14 am » wrote: NY POST is fake News ........... your misinterpretation has zero foundation............
  Fred is fake.
He's really an old black woman.
 
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jerra b
4 Aug 2023 4:08 am
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Squatchman » 04 Aug 2023, 3:08 am » wrote:    You poor,stupid trump supporter.
  Your attempt at armchair attorney really shows how much brain power you lack.
 You're better off going back to calling up the old guys to fight a civil war for trump values.
mcconnell said after the impeachment trump should be tried in court.
 
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Jantje_Smit
4 Aug 2023 4:58 am
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Well, it took a while but the TDS is back.. lol.. not that it ever went away but it's nice to see it cover the whole front page again...

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No need to read any of it, to summarize...

:die:  

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Buck Naked
4 Aug 2023 5:57 am
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Why isn’t it more cut and dry
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FredH
5 Aug 2023 11:57 am
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ConsRule » 03 Aug 2023, 7:18 pm » wrote: Your own post states Trump can still be tried, judged and punished.  If a person can be convicted and still be tried, obviously double jeopardy is not-applicable. Besides, the 5th Amendment statement related to double jeopardy clearly states criminal.  Impeachment is NOT a criminal process, it is a political process.
Note the part where it says "party convicted" Impeachment is the predecessor for a trial in the senate which does have penalties if convicted. Trump was not convicted. I am mystified at your lack of reading comprehension.
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FredH
5 Aug 2023 11:59 am
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jerrab » 04 Aug 2023, 4:08 am » wrote: mcconnell said after the impeachment trump should be tried in court.
Might occur to you that McConnell is part of the uniparty administrative state who has also taken millions from the Chinese. Trump was tried in the Senate trial. How is it that even still you morons cannot comprehend the problem here?
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FredH
5 Aug 2023 12:00 pm
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Jantje_Smit » 04 Aug 2023, 4:58 am » wrote: Well, it took a while but the TDS is back.. lol.. not that it ever went away but it's nice to see it cover the whole front page again...

Image
 
No need to read any of it, to summarize...

Image  

 Image
The exceptionally low IQ needed to believe CNN is credible fits you perfectly......
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FredH
5 Aug 2023 12:01 pm
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razoo » 04 Aug 2023, 3:14 am » wrote: NY POST is fake News ........... your misinterpretation has zero foundation............
Care to illustrate how I have misinterpreted the obvious? Do so carefully so even that Moron Biden could understand.
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FredH
5 Aug 2023 12:03 pm
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Squatchman » 04 Aug 2023, 3:08 am » wrote:    You poor,stupid trump supporter.
  Your attempt at armchair attorney really shows how much brain power you lack.
 You're better off going back to calling up the old guys to fight a civil war for trump values.
So even though I feel XO was the dumbest poster on the site are you in a contest for that position? This is so obvious that even a ******* like you should be able to see it. Must be that public education in Washington state is lacking.
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FredH
5 Aug 2023 12:18 pm
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jerrab » 03 Aug 2023, 8:30 pm » wrote: --------------------------------------------

Does that mean the founders wanted acquitted officials to be spared from “double jeopardy”? Not so, said Robert Bork in 1973 when the indictment of Vice President Agnew was mooted. Impeachment trials, unlike criminal trials, “may,”  Bork observed, “sometimes be influenced by political passions.” Plus, too, “somewhat more than one-third of the Senate” might deem a crime “punishable in the courts,” yet not “on impeachment.”The suggestion that an official acquitted under impeachment would as a result be spared from criminal prosecution, Bork wrote, could result in an abuse of the impeachment power. It would grant such an official “permanent immunity from criminal prosecution however plain his guilt.” That could even “give the Congress the power to pardon by acquittal,” he reasoned. He found “no such requirement in the Constitution or in reason.”
So you are still without a clue. An impeachement is just a vote in the house to decide if there is a trial in the senate.  Bork? Too funny. Agnew was a vice president guilty of tax evasion.That said Bork only became AG because of resignations and it would be interesting to see if the Supreme court would ignore what the constitution says in easily interpreted language.
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roadkill
5 Aug 2023 12:22 pm
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FredH » 03 Aug 2023, 6:06 pm » wrote: However there is a constitutional basis pointing out an acquittal in the senate cannot be tried twice. The odd part is if he had been found guilty he could have been tried again. Note it says Party convicted. Trump was not convicted.

Browse the Constitution Annotated
Article I

Section 3 Senate
Clause 7 Impeachment Judgments

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.

They know their indictments are worthless. Their plan is to keep a dark cloud over Trump as the election approaches...it won't work.
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