25 Aug 23
@metal-brain saidMoron.
He was already charged with those charges during his impeachment trial. He was acquitted so double jeopardy law applies. You cannot prosecute Trump for the same thing twice.
Most of the indictments are unconstitutional under double jeopardy.
The Supreme Court has affirmed “the Double Jeopardy Clause prohibits merely punishing twice, or attempting a second time to p ...[text shortened]... en applied: there is simply no other form of legal redress that is tolerable under the Constitution.
25 Aug 23
@metal-brain saidLMAO! You need to read the Constitution;
Most of the indictments are unconstitutional under double jeopardy. Smith is trying to indict Trump for the same things he was acquitted for in his impeachment trial.
The Supreme Court has affirmed “the Double Jeopardy Clause prohibits merely punishing twice, or attempting a second time to punish criminally, for the same offense.” Helvering v. Mitchell, 303 U.S. 391, 3 ...[text shortened]... of legal redress that is tolerable under the Constitution.
The indictments are unconstitutional.
""No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . "
Impeachment is not a criminal proceeding and does not put one in "jeopardy of life or limb".
"In One Lot Emerald Cut Stones v. United States, 409 U.S. 232 (1972), the Supreme Court held, "Congress may impose both a criminal and a civil sanction in respect to the same act or omission, for the Double Jeopardy Clause prohibits merely punishing twice, or attempting a second time to punish criminally, for the same offense.""
https://www.law.cornell.edu/wex/double_jeopardy
In fact, the Constitution clearly states:
"Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."
Article I, Section 3
@no1marauder saidMaybe if he was removed from office because of impeachment you could indict him, but he was acquitted.
LMAO! You need to read the Constitution;
""No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . "
Impeachment is not a criminal proceeding and does not put one in "jeopardy of life or limb".
"In One Lot Emerald Cut Stones v. United States, 409 U.S. 232 (1972), the Supreme Court held, "Congress may impose both a ...[text shortened]... nd subject to Indictment, Trial, Judgment and Punishment, according to Law."
Article I, Section 3
"No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . "
Are you suggesting double jeopardy applies only to acquittals of murder and cutting off body parts?
"but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."
He was not convicted.
25 Aug 23
@metal-brain saidIt applies to criminal trials, not impeachment which are civil in nature and where none of the 5th Amendment protections apply.
Maybe if he was removed from office because of impeachment you could indict him, but he was acquitted.
"No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . "
Are you suggesting double jeopardy applies only to acquittals of murder and cutting off body parts?
"but the Party convicted shall nevertheless be liabl ...[text shortened]... subject to Indictment, Trial, Judgment and Punishment, according to Law."
He was not convicted.
@no1marauder
Now Trump's mug shot is used by Trump himself in yet another money making scheme, T shirts, mug mug shots, and such.
That mug shot will be with us for centuries.
25 Aug 23
@no1marauder saidWhat is your source of information?
It applies to criminal trials, not impeachment which are civil in nature and where none of the 5th Amendment protections apply.
25 Aug 23
@no1marauder saidThat was the other way around. Your example is backwards.
Alcee Hastings, a Federal Judge, was acquitted of bribery at a criminal trial, but then impeached and convicted and removed from office. https://washingtonmonthly.com/2021/01/26/the-lessons-of-the-alcee-hastings-impeachment/
25 Aug 23
@metal-brain saidWhat difference does that make? It shows that criminal matters and impeachment do not implicate each other for Double Jeopardy purposes.
That was the other way around. Your example is backwards.
25 Aug 23
@sonhouse saidseems biden beat him to it…
@no1marauder
Now Trump's mug shot is used by Trump himself in yet another money making scheme, T shirts, mug mug shots, and such.
That mug shot will be with us for centuries.
“"Apropos of nothing, I think today's a great day to give to my campaign," Biden posted on X, formerly known as Twitter. Trump's campaign also later posted its own fundraising request on Truth Social, using the mugshot taken at the jail.”
but you being the hypocrite you are will deny this right?
https://www.foxnews.com/politics/democrats-celebrate-biden-fundraises-trump-arrest
25 Aug 23
@no1marauder saidThat is not true. You even posted an excerpt saying impeachment conviction can lead to indictment, but Trump was not convicted in his impeachments.
What difference does that make? It shows that criminal matters and impeachment do not implicate each other for Double Jeopardy purposes.
From your own statements it appears impeachments can convict, but are not criminal convictions. Is that the case?
@metal-brain said"The words life or limb are not interpreted strictly; they apply to any criminal penalty ."
What is your source of information?
https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/life-or-limb
Removal from office is not a criminal penalty.
25 Aug 23
@no1marauder saidWhat difference does that make?
"The words life or limb are not interpreted strictly; they apply to any criminal penalty ."
https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/life-or-limb
Removal from office is not a criminal penalty.
They are both convictions or acquittals.
Trump was acquitted when impeached. They could have produced the same evidence then that are in the indictments now. Is that an admission that democrats botched the impeachment of Trump because they failed to remove him from office and prevent him from running again?
Removal from office can be done by proving a crime. Why didn't democrats prove it during impeachment if it can be done? Explain to me why they failed then, but can succeed now.
25 Aug 23
@metal-brain saidIt makes a difference because that's what the Double Jeopardy clause covers i.e. multiple prosecutions which put someone's "life or limb" in Jeopardy.
What difference does that make?
They are both convictions or acquittals.
Trump was acquitted when impeached. They could have produced the same evidence then that are in the indictments now. Is that an admission that democrats botched the impeachment of Trump because they failed to remove him from office and prevent him from running again?
Removal from office can b ...[text shortened]... ve it during impeachment if it can be done? Explain to me why they failed then, but can succeed now.
Trump's impeachment "trial" never put him in Jeopardy of criminal penalties.