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Takket

(23,799 posts)
Tue Dec 22, 2020, 01:22 PM Dec 2020

can Pelosi use impeachment to hamper SOME of the upcoming pardon bonanza?

As I understand it, pardons do not work in cases of impeachment... so what if the House impeached everyone and anyone they possibly could, for any and every Federal crime the House determines they cold possibly be charged with Federally on January 20th?

It seems other then Pence and drumpf, and Federal judges, only cabinet department heads are clearly impeachable.

Historical practice thus informs the understanding of who qualifies as a civil officer. Aside from the President and Vice President, who are plainly identified in the Constitution's text as impeachable officials, historical practice indicates that federal judges clearly qualify as officers subject to impeachment and removal, as the majority of proceedings have applied to those positions.6 Congress has also impeached the head of a cabinet-level executive department.7 While this indicates a congressional understanding that high-level executive officers may be subject to impeachment, it is unclear how far down the ranks of the federal bureaucracy this principle travels.

source: https://constitution.congress.gov/browse/essay/artII_S4_1_2_1/

So can we impeach, say, Pompeo, to preserve our ability to prosecute him, for example, for using State Department staff to run his errands, as he has been accused of?

And what about, say, Ivanka and Kushner? Ivanka is dead to rights guilty of multiple Hatch Act violations. and as stated above: "While this indicates a congressional understanding that high-level executive officers may be subject to impeachment, it is unclear how far down the ranks of the federal bureaucracy this principle travels"

So maybe, if Ivanka is impeached, it will be challenged in court, and maybe the courts will say "no, you can't impeach her", and maybe it doesn't matter? If the process is dragged out until Biden is sworn in, it won't matter... he isn't impeaching her... unless the courts rule that drumpf's pardon is "suspended" until the court case plays out, then goes into effect once the case is over.

A lot of hypothetical here for situations that have never played out before (because there has never been a crime syndicate in charge of the country before). I'm not necessarily advocating that we do this things, just brainstorming ad wondering what might be possible. In the end since the public judges Democrats much more harshly then rethugs it would probably just end up being a PR nightmare to actually pursue any impeachments. The "both sides" crowd like Chuck Todd would have a field day.........

9 replies = new reply since forum marked as read
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can Pelosi use impeachment to hamper SOME of the upcoming pardon bonanza? (Original Post) Takket Dec 2020 OP
Impeachment is removal from office exboyfil Dec 2020 #1
Impeachment does not remove a president from office that would be conviction in the Senate. Demsrule86 Dec 2020 #5
I met on conviction exboyfil Dec 2020 #7
No. That line in the Constitution means you can't pardon away an impeachment, meaning... PoliticAverse Dec 2020 #2
If the Supreme Court can interpret the Second Amendent.. Bobstandard Dec 2020 #3
The Supreme Court has never found that there is an "unrestricted right to own guns". n/t PoliticAverse Dec 2020 #4
No they won't interpret it that way. Demsrule86 Dec 2020 #6
No. apnu Dec 2020 #8
President can't pardon the impeachment itself. NYC Liberal Dec 2020 #9

exboyfil

(18,371 posts)
1. Impeachment is removal from office
Tue Dec 22, 2020, 01:26 PM
Dec 2020

I always assumed in cases of impeachment was to prevent that process. In terms of criminal liability, the President seems to have near unlimited power. Nice move Founding Fathers.

Demsrule86

(71,555 posts)
5. Impeachment does not remove a president from office that would be conviction in the Senate.
Tue Dec 22, 2020, 02:01 PM
Dec 2020

exboyfil

(18,371 posts)
7. I met on conviction
Tue Dec 22, 2020, 02:06 PM
Dec 2020

My point was that it doesn't do anything towards criminal proceedings (except start the clock on the imperial President once he leaves office).

PoliticAverse

(26,366 posts)
2. No. That line in the Constitution means you can't pardon away an impeachment, meaning...
Tue Dec 22, 2020, 01:26 PM
Dec 2020

If an officer is impeached the President can't cancel the impeachment by issuing a pardon. It does _NOT_ mean that if you impeach someone they can't have any criminal liability then pardoned away or that if a President is under impeachment they can't issue pardons.


Bobstandard

(2,372 posts)
3. If the Supreme Court can interpret the Second Amendent..
Tue Dec 22, 2020, 01:28 PM
Dec 2020

If the Supreme Court can interpret the Second Amendment to mean that individuals have an unrestricted right to own guns, they can interpret the idea that “except in the case of impeachment” to mean that the President who was impeached, can’t issue pardons.

apnu

(8,790 posts)
8. No.
Tue Dec 22, 2020, 02:08 PM
Dec 2020

She can start impeachment hearings. She can make it a circus. She can try to use it as a distraction. But there's nothing she can do to impede Trump's pardon bonanza. That power sits with the POTUS and the POTUS alone.

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