HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » If a President is impeach...

Sat Dec 22, 2018, 02:33 PM

If a President is impeached but not convicted, can they repeat the process again?

Let's say this happens in 2019, and the Senate Republicans all vote "No" on conviction. Can we impeach again in 2020 (or, gasp, 2021 if he's re-elected), or would that be double jeopardy?

6 replies, 1163 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 6 replies Author Time Post
Reply If a President is impeached but not convicted, can they repeat the process again? (Original post)
Polybius Dec 2018 OP
manor321 Dec 2018 #1
Sherman A1 Dec 2018 #2
Takket Dec 2018 #3
sarisataka Dec 2018 #4
NYC Liberal Dec 2018 #5
MiniMe Dec 2018 #6

Response to Polybius (Original post)

Sat Dec 22, 2018, 02:35 PM

1. Impeachment is a political process, not legal

 

So I'd assume they could do it over and over. In practice, they'd probably come up with new charges to add, or new details for the same charges.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Polybius (Original post)

Sat Dec 22, 2018, 02:39 PM

2. They can impeach every 10 minutes if they choose

as mentioned it is a political process and not a legal process so no double jeopardy applies.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Polybius (Original post)

Sat Dec 22, 2018, 02:41 PM

3. Yes and I should add........

That since it is not a court of law where the trial occurs, there is nothing stopping him from being tried and convicted by a Court of a crime later even if the Senate finds him "not guilty" now.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Polybius (Original post)

Sat Dec 22, 2018, 02:45 PM

4. 5th Amendment

...
nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb


While usually explained as a person may not be tried twice for the same offense, and the Constitution does indicate an impeached person is tried by the Senate, a conviction does not involve "jeopardy of life and limb". In fact it is clearly stated the punishment is only removal from office.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to sarisataka (Reply #4)

Sat Dec 22, 2018, 03:08 PM

5. Also, the impeachment clause specifically states:

“the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law”

which means the authors knew that a claim of double jeopardy might be made around impeachments, and specifically included language to prevent that.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Polybius (Original post)

Sat Dec 22, 2018, 04:42 PM

6. Even if we take back the Senate, it takes a 2/3 vote to get him out

I doubt we would take enough seats back.

Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread