Jump to content

Impeaching a President who is no longer in office


Recommended Posts

With the impeachment of Trump set for February, it appears this (like so many things lately) is a manipulated farce.

Very interesting and well researched article.

The Case Against Retroactive Impeachment Trials: A Response To The Open Letter Of Scholars – JONATHAN TURLEY

 

THE CONSTITUTIONAL TEXT

...

Article II contains the key impeachment provision and standard, stating “The PresidentVice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, TreasonBribery, or other high Crimes and Misdemeanors.”

For my part, I am admittedly fixated on the fact that impeachment refers to the removal of “the President” and other officials in office. I understand that many do not adhere to a strong textualist approach to the Constitution. However, there is a glaring anomaly in the text.

 

Indeed, the primary stated purpose of the trial is to determine whether “the President . . .  shall be removed.” At the second Trump impeachment trial, the president will be Joe Biden, not Donald Trump.

So the Senate will hold a rather curious vote to decide whether to remove a president who has already gone. Moreover, Chief Justice John Roberts is not expected to be present to answer these questions because there is no president to try. Article I states “When the President of the United States is tried, the Chief Justice shall preside.”  So the Senate will get someone else. 

 

The question is who is being tried. Is he a president? Obviously not. Is he a civil officer? No, he is a private citizen. A private citizen is being called to the Senate to be tried for removal from an office that he does not hold.

Link to comment
Share on other sites

3 minutes ago, Noctua said:

With the impeachment of Trump set for February, it appears this (like so many things lately) is a manipulated farce.

Very interesting and well researched article.

The Case Against Retroactive Impeachment Trials: A Response To The Open Letter Of Scholars – JONATHAN TURLEY

 

THE CONSTITUTIONAL TEXT

...

Article II contains the key impeachment provision and standard, stating “The PresidentVice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, TreasonBribery, or other high Crimes and Misdemeanors.”

For my part, I am admittedly fixated on the fact that impeachment refers to the removal of “the President” and other officials in office. I understand that many do not adhere to a strong textualist approach to the Constitution. However, there is a glaring anomaly in the text.

 

Indeed, the primary stated purpose of the trial is to determine whether “the President . . .  shall be removed.” At the second Trump impeachment trial, the president will be Joe Biden, not Donald Trump.

So the Senate will hold a rather curious vote to decide whether to remove a president who has already gone. Moreover, Chief Justice John Roberts is not expected to be present to answer these questions because there is no president to try. Article I states “When the President of the United States is tried, the Chief Justice shall preside.”  So the Senate will get someone else. 

 

The question is who is being tried. Is he a president? Obviously not. Is he a civil officer? No, he is a private citizen. A private citizen is being called to the Senate to be tried for removal from an office that he does not hold.

Alan Dirty Dersowichz covered this not so long back and made the same argument, basically you cannot impeach a person who's not in office, so it's bollocks basically, and they cannot follow this through to stop him running in 2024. A non starter basically, but it keeps the popcorn eaters docile.👍

Link to comment
Share on other sites

This is only about trump running again in 2024, and they know that he wants too.

 

Even though i do not like trump, its absurd, how much they are doing to block someone from gaining the office of president when every american president has been a dodgy person, bar none.

 

The people who founded america would be shocked to see the idiotic things these people are doing now in the name of america.

Link to comment
Share on other sites

12 minutes ago, andy1033 said:

This is only about trump running again in 2024, and they know that he wants too.

 

I don't think it's only that, they're after him in every way!

 

Quote

Florida bank says it has closed Trump's accounts

A Florida bank announced Thursday that it has closed down former President Trump’s account, joining a growing list of entities that have cut ties with the former president following the deadly Jan. 6 Capitol riot.

In his financial disclosures, Trump had stated he had two money-market accounts with Banks United, The Washington Post reports. The accounts held somewhere between $5.1 million and $25.2 million.

 

https://thehill.com/policy/finance/banking-financial-institutions/535282-florida-bank-says-it-has-closed-trumps-accounts

Edited by metak88
Link to comment
Share on other sites

31 minutes ago, andy1033 said:

This is only about trump running again in 2024, and they know that he wants too.

 

Even though i do not like trump, its absurd, how much they are doing to block someone from gaining the office of president when every american president has been a dodgy person, bar none.

 

The people who founded america would be shocked to see the idiotic things these people are doing now in the name of america.

The people who founded America were nothing more than freemasons working in collaboration with the Crown. It remained and probably still remains the property of the Crown to this day. They were sold out 1776 as they are being sold out now. 

Edited by Morpheus
  • Like 1
Link to comment
Share on other sites

You can’t really engage this order upon a normal citizen... This whole circus shows the depth of how unjust the system really is. It’s now used as a revenge tool which begs to ask the question: why does a selected few get to make this call vs We the People, who should really be consulted.

 

we need roll back the clock to “The day W.Wilson sold out the USA”, everything changed the way man would conduct money, information and create secret agendas. The birth of mass corruption, which would penetrate every aspect of controlled ideology of what normal would look like. And, here we all stand at the foot of the 21st century, looking into the future these few have moulded for us.

What a fine mess the human has created, what a great example, what a footprint we leave behind. Let’s all celebrate brothers and sisters. 🥲

Link to comment
Share on other sites

Though ridiculous, perhaps the impeachment is only activated once Trump officially steps into any future office of President - a sort of punishment in waiting for his alleged act of treason (riot incitement).

 

I only heard him say 'go home' to his supporters, but they must surely have recordings of him (written, video or audio) calling for the opposite.

 

They wouldn't attempt a treason trial with no evidence, would they? 

Link to comment
Share on other sites

On 1/29/2021 at 5:12 AM, Saved said:

Though ridiculous, perhaps the impeachment is only activated once Trump officially steps into any future office of President - a sort of punishment in waiting for his alleged act of treason (riot incitement).

 

I only heard him say 'go home' to his supporters, but they must surely have recordings of him (written, video or audio) calling for the opposite.

 

They wouldn't attempt a treason trial with no evidence, would they? 

They attempted an impeachment based on a lie in 2016, so what's stopping them from doing it again?

Link to comment
Share on other sites

1 hour ago, Saved said:

Because he's not president. He's a private citizen.

And ill say what I said earlier in the thread, you can't impeach a man who's not in office, nor can you do this to stop someone running for office later on, its unconstitutional. 

 

I don't like the guy, but Dershowicz has said this time and again, so I choose to believe he's right. 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...