would double jeopardy prevent DOJ from trying Trump for his actions on Jan 6 in court?

[Hamlette]

because he was impeached. Does jeopardy attach?

Anyone know?

[soothsayer]

1. This isn't a real trial, so..., I'd think not

[SoonerPride]

2. No. This is a political matter only.

So he could be charged but don’t hold your breath on that.

[StarfishSaver]

3. No

Jeopardy only attached in a criminal proceeding.

[The Velveteen Ocelot]

4. No, it's not a criminal trial.

It's really more like a performance review panel. Double jeopardy applies only to criminal convictions.

[ret5hd]

5. Don't think so...impeachment isn't a criminal trial.

I will retrieve/scan/post my law degree from the Cracker Jacks box I found it in to prove my expertise in this area.

[madaboutharry]

6. No.

Impeachment is not a prosecution within the Judicial system. He can most definitely be prosecuted.

[DonaldsRump]

7. Not at all. Impeachment and conviction is political, not criminal. nt

[RockRaven]

8. Nope. No double jeopardy. But there is a big problem...

The threshold to get a conviction in a criminal case is much higher. You need a specific statute which he violated in all of its various requisite parts, you need to prove it beyond a reasonable doubt, you need a unanimous jury. That's tough.

[Sogo]

9. I'm glad someone has brought up this possibility of him actually standing trial....

I keep wondering about the possibility of a Dream Team of lawyers, representing millions of us, bringing a huge class action suit against him for his insurrection/coup attempt causing nearly irreparable damage to our democracy.

[rampartc]

10. he will declare himself completely innocent and totally vindicated after the senate vote.

whether jeopardy attaches or not his lawyers will so assert and the supreme court, anxious to "move on", will agree.

[The Velveteen Ocelot]

11. The Supreme Court will have nothing to do with it

unless he's secretly pardoned himself (unlikely; there'd be a record of it somewhere) and pulled it out of his ass in the event of a federal grand jury indictment. Cases don't go to the Supreme Court unless there's a significant unresolved constitutional question (and cases have to go through several layers of lower courts and be accepted for review), and that isn't likely to arise at all if he's prosecuted as a private citizen. He will be just another criminal and will be treated as such. And no lawyer, even Trump's idiots, will argue that double jeopardy attaches because impeachment isn't a criminal proceeding. That's Criminal Procedure 101; a first-year law student would know better.

[rampartc]

12. there will be no trial

any jury will include at least one cult member.

[The Velveteen Ocelot]

13. That's what voir dire is for; cult members would be weeded out.

If he's tried in DC or NYC, it's not likely that there would be many cult members in the jury pool.

[Gothmog]

14. No

This is not a criminal trial.