Quote (Thor123422 @ Jan 11 2024 02:05pm)
Impeachment was meant to remove people from office and explicitly not as a criminal method. The language says specifically that impeachment can't extend further than removal from office but does not say it is required for later criminal accountability.
You can be tried and convicted by different bodies for the same crime. You can be criminally convicted by a state and still be charged and convicted by the federal government for the same act. Similarly, you can be convicted by the senate in a political process and then be charged judically and convicted in a criminal process. The idea of not being found guilty twice has only ever extended to the same body doing the same conviction.
If that weren't the case a second term president could steal secrets and sell them for personal gain then face zero reprecussions because the house and senate couldn't convene fast enough to convict them, or if the investigation simply wasn't completed before their term expired they couldn't be held accountable either.
laws especially old ones, often have loopholes. its possible, because there's zero precedent im aware of, that the way the law reads means a president is immune to conviction of crimes they commit.
now that's obviously not morally correct, or even the intention of those who wrote the law, but its potentially a loophole. and it makes sense, because impeachment itself was meant as a way to remove a president for doing something illegal. that's not the only reason to impeach, but its clearly one reason the proceedings exist. and the logic would follow that the unseated president would then be charged. with the obvious path being remove, then charge.
and of course we have to remember that despite the differences the jeffersonian and hamiltonian founding fathers had, they both deeply hated tyranny and agreed any sitting president who acts illegally and tyrannically against the checks and balances they clearly laid out would be charged for his crimes. it would be unconscionable to them that a president would break the law and not face consequences political then criminal, in that order.
the only precedent in semi modern times was Carter's choice to not pursue charges against Nixon when he left office. even though the statute of limitations allowed for it.
This post was edited by thesnipa on Jan 11 2024 02:38pm