Posted on Jan 26, 2021

House delivers impeachment article to Senate

SSG Robert Mark Odom

804

House delivers impeachment article to Senate

Posted from cnn.com

Posted in these groups: US Congress 3344ad9b

United States Senate 61c89c28

Donald Trump Congress clipart seal of the united states congress 999px

Legislative Imgres

Constitution

Posted >1 y ago

Responses: 5

SFC Melvin Brandenburg

Posted >1 y ago

This isn't an impeachment trial. Roberts has declined to attend and the Constitution specifically states it must be the chief justice. So, having a senator preside invalidates the whole thing. It's a sham anyway. The attack has already been shown to be planned back in December. Nothing more than a political hit job on the president

(4)

Comment

(0)

LTC Eugene Chu

>1 y

Chief justice is only obligated to be involved when it is a sitting president. Since Trump is no longer in office, another official may preside. Look up the impeachment of Senator William Blount in 1799 with Vice President Thomas Jefferson presiding for his trial

https://www.npr.org/2021/01/25/960389715/sen-patrick-leahy-to-preside-over-trumps-senate-impeachment-trial

Sen. Patrick Leahy To Preside Over Trump's Senate Impeachment Trial

Chief Justice John Roberts will not take on the role for the trial that begins the week of Feb. 8, a source says. A chief justice presides only when a sitting president is on trial.

(3)

(0)

SSG Robert Mark Odom

>1 y

LTC Eugene Chu Thank you. You actually beat me to the punch line sir. Be well my friend.

(3)

(0)

SPC David S.

>1 y

LTC Eugene Chu - All the more reason to question the constitutionality of such a trial. Judgment in Cases of Impeachment shall not extend further than to removal from Office. He's already out of office so if there is crime against the US it seems there should be a federal indictment and this would then go to the district court in DC.

However I'd like to know the basis of the impeachment - what words did he use to incite?

"We’re going walk down to the Capitol, and we’re going to cheer on our brave senators, and congressmen and women." and "I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard." not really a message that conveys insurrection.

https://www.cnn.com/2021/01/21/politics/trump-senate-impeachment-trial-constitution-fact-check/index.html

Fact check: Is it constitutional for Trump to be tried in the Senate after leaving office?

Questions have arisen over the constitutionality of former President Donald Trump's impending trial in the Senate. Trump is the first president to be impeached twice and would be the first ex-president to have his impeachment tried in the Senate while out of office.

(0)

SFC Melvin Brandenburg

>1 y

LTC Eugene Chu - Article 1 Section 3 Clause 6 makes no distinction between a sitting president and a former president that was impeached while president. Given that trials are conducted based on the circumstances at the time of indictment, or impeachment in this case, the circumstances of a sitting president would apply. If the standards do not apply, then President Trump is an ordinary citizen and there is no provision to impeach and try an ordinary citizen so the impeachment would become moot.

(1)

(0)