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Author Topic: Impeach / Punish  (Read 2099 times)

TommyGunn

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Re: Impeach / Punish
« Reply #25 on: February 11, 2021, 08:59:14 AM »

In statutory interpretation, the use of the term "and" here implies removal from office, prohibition from future office holding, or both.  If it said "or" it would be one or the other, period.  And, to be clear, I'm a criminal/family law/probate lawyer, not a Constitutional specialist, and I have no experience with impeachment.

Ok,  but I still do not think, at this point, he could be impeached.  He's no longer in office.  If you can't remove him from office through impeachment I don't think you can prohibit him from office, either.  If he was still in office,  you could do one or both.  That's just my lay opinion.  IANAL.   
But I do have the dvd box set of PERRY MASON. [tinfoil]
MOLON LABE   "Through ignorance of what is good and what is bad, the life of men is greatly perplexed." ~~ Cicero

T.O.M.

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Re: Impeach / Punish
« Reply #26 on: February 11, 2021, 12:06:47 PM »

Okay, Tommy.  I get your argument now.  Kind of like in Ohio a juvenile court loses jurisdiction when a kid turns 21, you're saying Congress loses jurisdiction the day Biden was inaugurated. 
No, I'm not mtnbkr.  ;)

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zahc

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Re: Impeach / Punish
« Reply #27 on: February 11, 2021, 12:37:27 PM »

Exactly. They don't have jurisdiction to impeach somebody who is not in office. Now, they can use the normal court system of course. But clearly they want to do an impeachment so they can make up the rules as they go.
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MechAg94

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Re: Impeach / Punish
« Reply #28 on: February 11, 2021, 12:58:57 PM »

Ok,  but I still do not think, at this point, he could be impeached.  He's no longer in office.  If you can't remove him from office through impeachment I don't think you can prohibit him from office, either.  If he was still in office,  you could do one or both.  That's just my lay opinion.  IANAL.   
But I do have the dvd box set of PERRY MASON.[/i] [tinfoil]

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WLJ

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Re: Impeach / Punish
« Reply #29 on: February 11, 2021, 01:53:21 PM »

But I stayed at a Holiday Inn last night.
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Jim147

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Re: Impeach / Punish
« Reply #30 on: February 11, 2021, 02:17:06 PM »

But I stayed at a Holiday Inn last night.

But it wasn't an Express so you are fired.
Sometimes we carry more weight then we owe.
And sometimes goes on and on and on.

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WLJ

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Re: Impeach / Punish
« Reply #31 on: February 11, 2021, 02:21:10 PM »

DOH!
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Fly320s

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Re: Impeach / Punish
« Reply #32 on: February 11, 2021, 02:56:08 PM »

Okay, Tommy.  I get your argument now.  Kind of like in Ohio a juvenile court loses jurisdiction when a kid turns 21, you're saying Congress loses jurisdiction the day Biden was inaugurated.

21?  WTF, over?  Last time I checked, the legal age of adulthood is 18.
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Hawkmoon

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Re: Impeach / Punish
« Reply #33 on: February 11, 2021, 03:55:03 PM »

In statutory interpretation, the use of the term "and" here implies removal from office, prohibition from future office holding, or both.  If it said "or" it would be one or the other, period.  And, to be clear, I'm a criminal/family law/probate lawyer, not a Constitutional specialist, and I have no experience with impeachment.

You are an attorney and I'm not but, as I posted, as a building inspector I deal with regulatory language on a daily, on-going basis. Prior to COVID-19 we all took an all-day class every year run by the chief prosecutor from the AG's office section that deals with building code issues. And her instructions have always been the same, year after year: "and" means "and" -- "or" means one "or" the other.

It's like the Second Amendment. The 2A only grants ONE right -- a right to keep AND bear arms. They are inseparable. It's not one right to keep, and a separate right to bear.

I remain firmly of the opinion and conviction that the current impeachment trial is unconstitutional and illegal. Trump was still in office when the House voted to impeach, so that was technically constitutional -- even though it was an obviously bogus, manufactured charge with no basis in fact or evidence. However, once Trump left office, the process became moot. You can't remove from office someone who does not hold office.

WLJ

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Re: Impeach / Punish
« Reply #34 on: February 13, 2021, 01:44:38 PM »

Trump acquitted
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Ben

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Re: Impeach / Punish
« Reply #35 on: February 13, 2021, 01:46:34 PM »

Trump acquitted

Well, time for impeachment #3 then.

I saw a Georgia DA is looking to press criminal charges against him. I would expect a lot more of that down the road since they didn't win again.
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WLJ

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Re: Impeach / Punish
« Reply #36 on: February 13, 2021, 01:48:31 PM »

Well, time for impeachment #3 then.

I saw a Georgia DA is looking to press criminal charges against him. I would expect a lot more of that down the road since they didn't win again.

Quote
The acquittal means that as of now Trump can leave the door open to another White House bid in 2024, though senators have hinted they may still try to bar him from office in a separate 14th Amendment measure.
https://www.foxnews.com/politics/trump-acquitted-in-second-impeachment-trial-for-inciting-jan-6-capitol-riot

Schumer leaves door open to 14th Amendment measure to bar Trump from office
https://www.foxnews.com/politics/schumer-leaves-door-open-to-14th-amendment-measure-to-bar-trump-from-office
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Ben

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Re: Impeach / Punish
« Reply #37 on: February 13, 2021, 01:52:54 PM »

The seven Rs that voted "guilty":

Quote
Seven Republicans vote to convict Donald Trump: Burr, Collins, Cassidy, Murkowski, Romney, Sasse and Toomey.

Also, Cocaine Mitch can drop dead. He's back to being an establishment shill.
"I'm a foolish old man that has been drawn into a wild goose chase by a harpy in trousers and a nincompoop."

WLJ

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Re: Impeach / Punish
« Reply #38 on: February 13, 2021, 01:53:42 PM »

Dems need to be looking in the mirror if they want to bring up the 14th

Quote
The 14th Amendment to the Constitution says that Congress can bar people who "engaged in insurrection or rebellion" against the U.S. from holding office. It was originally meant to prevent former Confederates from serving in the government after the Civil War.

"No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof," the amendment says.
« Last Edit: February 13, 2021, 02:06:44 PM by WLJ »
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Hawkmoon

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Re: Impeach / Punish
« Reply #39 on: February 13, 2021, 02:18:26 PM »

I am deeply disappointed that seven turncoat, RINO "Republicans" voted to impeach. It was bad enough that six of them voted that the impeachment trial was even legal.

If there was ever a time to start a true third party in this country, it's now. The Republican party as it now stands is effectively finished, so there's no better time for an alternative.

TommyGunn

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Re: Impeach / Punish
« Reply #40 on: February 13, 2021, 02:20:11 PM »

I am deeply disappointed that seven turncoat, RINO "Republicans" voted to impeach. It was bad enough that six of them voted that the impeachment trial was even legal.

If there was ever a time to start a true third party in this country, it's now. The Republican party as it now stands is effectively finished, so there's no better time for an alternative.

Yea .... try that,  and the demon-rats will rule forever.
MOLON LABE   "Through ignorance of what is good and what is bad, the life of men is greatly perplexed." ~~ Cicero

BobR

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Re: Impeach / Punish
« Reply #41 on: February 13, 2021, 02:28:47 PM »





bob

Hawkmoon

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Re: Impeach / Punish
« Reply #42 on: February 13, 2021, 03:12:59 PM »

Yea .... try that,  and the demon-rats will rule forever.

With the Republican party as useless and spineless as they are today, the Democrats will rule forever anyway. That's why I think now is the time for a third party to form.

Angel Eyes

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Re: Impeach / Punish
« Reply #43 on: February 13, 2021, 03:15:17 PM »

https://twitchy.com/dougp-3137/2021/02/13/sen-ted-cruz-shares-actual-impeachment-trial-questions-that-didnt-make-cut-in-a-thread-eric-swalwell-others-will-not-like/

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Unisaw

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Re: Impeach / Punish
« Reply #44 on: February 13, 2021, 03:41:17 PM »




bob

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Perd Hapley

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Re: Impeach / Punish
« Reply #45 on: February 13, 2021, 04:01:11 PM »

Well, time for impeachment #3 then.

I saw a Georgia DA is looking to press criminal charges against him. I would expect a lot more of that down the road since they didn't win again.

My latest attempt at a Babylon Bee headline: "Speaker Pelosi releases schedule for next five Trump impeachments."
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Lennyjoe

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Re: Impeach / Punish
« Reply #46 on: February 13, 2021, 04:28:30 PM »

I am deeply disappointed that seven turncoat, RINO "Republicans" voted to impeach. It was bad enough that six of them voted that the impeachment trial was even legal

Romney is hardly a Republican

Jim147

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Re: Impeach / Punish
« Reply #47 on: February 13, 2021, 04:29:46 PM »

Strange how as soon as democrats voted for witnesses and Trumps attorneys said fine Pelosi they said crap let's vote.
Sometimes we carry more weight then we owe.
And sometimes goes on and on and on.

BAH-WEEP-GRAAAGHNAH WHEEP NI-NI BONG

kgbsquirrel

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Re: Impeach / Punish
« Reply #48 on: February 13, 2021, 04:35:27 PM »

Angel Eyes

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Re: Impeach / Punish
« Reply #49 on: February 13, 2021, 04:57:05 PM »

Well, time for impeachment #3 then.

I saw a Georgia DA is looking to press criminal charges against him. I would expect a lot more of that down the road since they didn't win again.

Schumer is making noises about using the 14th Amendment to try and prevent Trump from holding office again.

They really are that terrified of him.
"We have put together, I think, the most extensive and inclusive voter fraud organization in the history of American politics."
                            - Joe Biden
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