Can you impeach a former president ?

Hello Walt,

Walt said:
Under English Common Law, a trial can only continue if there is a meaningful decision to be made. At first blush, this would seem to support your statement, but it goes a little deeper. The meaningful decision does not have to be the primary decision. So if someone is being tried, could be executed with their property being confiscated, and dies. The primary decision of whether to execute him has been made, but the secondary decision about confiscating property is still open.

In this case, the secondary decision over whether trump should be banned from office still has to be made.

More importantly, the Senate makes the decision of how the trial progresses, and even whether the trial progresses. The Constitution is very particular about "SOLE POWER" being vested with the Senate. This means the Supreme Court cannot review the decision.

It all falls to the Republicans to decide. If the Republicans want him tried and convicted, they can do such. If not, they have enough power to block it.
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Also at issue is the continuation of Trump's benefit package. An ex president gets a salary for life. That could be cut off.
 
Hello Walt,

Walt said:
A conviction could ban him from ever going into office again, so that would be something. It is for the Senate to decide if that is a waste of taxpayer money, or not.
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It would be a waste of taxpayer money to pay a permanent salary to Trump as ex president.
 
Tinker said:
If you ever get around to letting us know why I am incorrect we will respond.

It appears you don't know why and are just trolling though.
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You're going on ignore very soon anyway. You're too stupid to take the 5 minutes necessary to check your facts before you post. Everything you've claimed in this thread is sheer stupidity, and shows that you don't belong in these big discussions.


Who is 'we'? Are you schizophrenic?
 
Truth Detector said:
Trump won't be in office by the time it goes to the Senate. How do you use a process intended to "REMOVE" someone from office when they no longer occupy it?

Come on dimwits. This isn't rocket science. The Party of the Jackass are making a mockery of the process to score political points with low information dumbasses and you tools are falling for it. :palm:
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I realize that but I am just repeating what the law says which is that a president cannot be removed from office once he is impeached until the conclusion of a senate trial.

It mentions nothing about a term expiring so it would be a Supreme court decision.
 
PoliTalker said:
Hello Althea.



I wonder if ex presidents still get all the intelligence.

And do they retain a security clearance?

Yes, if so, take those things away.
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It's up to the new POTUS to decide the intel. Biden will def. take that away, as trump cannot be trusted not to sell top secret info to our enemies. The running joke is that it's a damned good thing that trump hasn't had any briefings in months.


But, they also get a rather generous annual travel expense account, office with staff, pension, etc. That can all be taken away. Unfortunately, the SS detail is separate and will still apply.


https://www.ntu.org/foundation/tax-page/pensions-and-perks-for-former-presidents-archive
 
Althea said:
You're going on ignore very soon anyway. You're too stupid to take the 5 minutes necessary to check your facts before you post. Everything you've claimed in this thread is sheer stupidity, and shows that you don't belong in these big discussions.


Who is 'we'? Are you schizophrenic?
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For someone who talks so much how is it that you can't say anything.

Please put me on ignore before I catch the case of stupid that you have.

Just talking to you makes me need a shower.
 
Walt said:
On one level, I want trump running in 2024. he was not totally repudiated in 2020, just repudiated. I would like to see him totally repudiated. But he has a bad habit of tearing America apart, which I do not like.

So yes, I agree with Uncle, I could go either way. The Senate will work it out.

And in reality, I am saying that I want the Republicans to work it out. With only 50 seats, Democrats would need the Republicans' tacit support to get to two thirds. Maybe Republicans will just not be there to vote against it, thus tacitly supporting it. If Republicans are fine with keeping trump, I figure they get what they deserve.
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As Trump's delusions manifest themselves more strongly, once out of power, he'll quickly be sidelined. Too crazy to trust with the world's greatest economic system and military, donchano' ;)

Agreed on the Republicans unfucking themselves, but that's going to take some time since the Trumpazoids are still screaming too loudly.

The Democrats have a similar problem with radical elements within their own party. You know, those who want complete unconditional surrender from the Republicans or they will nuke the Republican bastards a couple times. Some Democrats never change. LOL.

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Tinker said:
For someone who talks so much how is it that you can't say anything.

Please put me on ignore before I catch the case of stupid that you have.

Just talking to you makes me need a shower.
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Well, you are pretty stupid, so I can see why you wouldn't want to challenge me.

Now read through the thread and educate yourself. If you weren't such a moron, you would be embarrassed to make the claims that you have.
 
Bulletbob said:
I see we have another meat head , he has not gone before the senate now has he and can you impeach a private citizen .
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He's already been impeached a second time, though. Impeachment is merely the first stage, and it happens in the House. The Senate is where the trial is held, not where the impeachment is done.
 
Damocles said:
It doesn't matter if it started already. Much like a person dying tends to end a trial even if the indictment was already handed down, not being an elected official tends to end a Senate Trial even if the impeachment was handed down before they left office. If it didn't we'd be trying Epstein even though he was "suicided" by "somebody"...

Anyway, the requirements listed in the constitution for a trial by the Senate only apply to currently serving elected and appointed politicians and Judges.
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Actually it does matter for cases of impeachment against running again. This isn't removal from office like the typical impeachment.
 
Yes, Trump Can Be Convicted by the Senate After January 20

Now that the House of Representatives has impeached Donald Trump for Incitement of Insurrection, he will stand trial in the Senate. In light of Majority Leader Mitch McConnell’s refusal to hold the trial before January 20, the question arises whether Trump can be tried after he leaves office. The answer is yes.

Expect Trump’s legal team to argue that he cannot.


“The Constitution does not require that an impeachment trial be held while a person is in office,” Berkeley Law School Dean Erwin Chemerinsky told Truthout. “Indeed, William Belknap, secretary of war to President [Ulysses S.] Grant, was impeached and tried after resigning from the position.”


The weight of legal authority supports Chemerinsky’s view. But J. Michael Luttig, a judge on the U.S. Court of Appeals for the 4th Circuit from 1991 to 2006, opined in The Washington Post, “Once Trump’s term ends on Jan. 20, Congress loses its constitutional authority to continue impeachment proceedings against him — even if the House has already approved articles of impeachment.” Luttig thinks “the Senate’s only power under the Constitution is to convict — or not — an incumbent president.”


Luttig — a darling of the conservatives — correctly advised Vice President Mike Pence that the Constitution did not give him the “unilateral authority to decide which electoral votes should be counted.” Luttig’s analysis of the Senate’s constitutional power to try impeachments, however, does not survive legal scrutiny.

http://www.smirkingchimp.com/thread...n-be-convicted-by-the-senate-after-january-20

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