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218

Article: https://trendingpoliticsnews.com/trump-files-surprise-last-minute-motion-in-federal-election-case-mstef

excerpt: The Constitution states that a president impeached and removed from office may be subsequently charged by “Indictment, Trial, Judgment and Punishment,” language that Trump’s attorneys argued “presupposes that a President who is not convicted may not be subject to criminal prosecution.”

They added, “The Constitution’s plain text, structural principles of separation of powers, our history and tradition, and principles of Double Jeopardy bar the Executive Branch from seeking to re-charge and re-try a President who has already been impeached and acquitted in a trial before the U.S. Senate.”

*= = Seems to me the lawyer's argument is that the Constitution says if you get convicted in Congress (impeached) then you MAY get another charge in a judicial branch court subsequently (because double jeopardy principles don't allow another trial after acquittal, but double jeopardy is allowed after a successful impeachment hearing due to the word "may" in the Constitution). The lawyer says no double jeopardy is allowed here because President Trump was acquitted at the impeachment trial in Congress.

It all hinges on MAY. The leftist judge wanting to 'get Trump" may say that 'may' means that judicial courts were not meant to be excluded from use whether an executive branch impeachment hearing was held or not. The question is whether an impeachment is a criminal trial for purposes of the double jeopardy analysis. Since an impeachment was for "high crimes and misdemeanors" my non-judge self says that the impeachment process calls itself a criminal trial, and that the Motion to Dismiss should be granted.

Article: https://trendingpoliticsnews.com/trump-files-surprise-last-minute-motion-in-federal-election-case-mstef excerpt: The Constitution states that a president impeached and removed from office may be subsequently charged by “Indictment, Trial, Judgment and Punishment,” language that Trump’s attorneys argued “presupposes that a President who is not convicted may not be subject to criminal prosecution.” They added, “The Constitution’s plain text, structural principles of separation of powers, our history and tradition, and principles of Double Jeopardy bar the Executive Branch from seeking to re-charge and re-try a President who has already been impeached and acquitted in a trial before the U.S. Senate.” *= *=* Seems to me the lawyer's argument is that the Constitution says if you get convicted in Congress (impeached) then you MAY get another charge in a judicial branch court subsequently (because double jeopardy principles don't allow another trial after acquittal, but double jeopardy is allowed after a successful impeachment hearing due to the word "may" in the Constitution). The lawyer says no double jeopardy is allowed here because President Trump was acquitted at the impeachment trial in Congress. It all hinges on MAY. The leftist judge wanting to 'get Trump" may say that 'may' means that judicial courts were not meant to be excluded from use whether an executive branch impeachment hearing was held or not. The question is whether an impeachment is a criminal trial for purposes of the double jeopardy analysis. Since an impeachment was for "high crimes and misdemeanors" my non-judge self says that the impeachment process calls itself a criminal trial, and that the Motion to Dismiss should be granted.

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