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DanieRains

(4,619 posts)
Thu Feb 11, 2021, 03:27 PM Feb 2021

Just Had A Thought Trump Will Be Prosecuted By DC For This Violence Once Impeachment Over

The Senators can't put him in prison I don't think.

He needs to pay for this crime by losing his freedsom

I say no bail, and no contact to incite more violence from his Q-buddies.

No way we can know all the stuff he did to cause deaths, and destruction and not see him indicted soon.

Buh bye Donnie.

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bullimiami

(13,094 posts)
1. no. all the senators could ever do is remove and keep from holding future office.
Thu Feb 11, 2021, 03:29 PM
Feb 2021

they can send a criminal referral to an AG afterward, along with their evidence.

Response to DanieRains (Original post)

The Velveteen Ocelot

(115,691 posts)
5. The reason Roberts isn't presiding is very simple: The Chief Justice is the presiding officer
Thu Feb 11, 2021, 03:35 PM
Feb 2021

in impeachment trials only when the person being tried is the president or the vice president. Since Trump is no longer the president, the presiding officer is the president of the senate or the president pro tem. The possibility that a case involving Trump might eventually come before the Supreme Court has absolutely nothing to do with it.

The Velveteen Ocelot

(115,691 posts)
3. You are right that the Senators have no criminal prosecution power.
Thu Feb 11, 2021, 03:30 PM
Feb 2021

Do not expect him to be prosecuted for incitement; it's too difficult a case to prove as a criminal matter - you need to prove all elements of the crime beyond a reasonable doubt, including specific intent. But there are other crimes that will be easier to prove - remember, they got Al Capone for tax evasion.

lagomorph777

(30,613 posts)
4. The punishments for impeachment are limited to removal from office and ban from future office.
Thu Feb 11, 2021, 03:33 PM
Feb 2021

But Trump has committed numerous crimes in numerous jurisdictions, up to and including the Federal jurisdiction. I believe the House managers have laid a clear and solid roadmap for criminal prosecution on charges of incitement to insurrection.

Laelth

(32,017 posts)
7. Will be? I am not so sure.
Thu Feb 11, 2021, 03:42 PM
Feb 2021

Could be? Absolutely. All it takes is a DC District Attorney who’s willing to fight long and hard for it.

Is there such a person? I don’t know.



-Laelth

cbdo2007

(9,213 posts)
10. exactly, this is kind of like the pre-show. The new AG will be the one to actually file criminal fed
Thu Feb 11, 2021, 03:46 PM
Feb 2021

eral charges and move forward with that investigation.

Mr.Bill

(24,288 posts)
11. DC may be one of the only places you could
Thu Feb 11, 2021, 03:47 PM
Feb 2021

assemble a jury with no Trump lickers to hang the jury. New York may be another place.

LAS14

(13,783 posts)
12. Unfortunately, most talking heads that I've heard agree that what he did doesn't...
Thu Feb 11, 2021, 03:48 PM
Feb 2021

... rise to the level of conviction in a criminal court. That's why the founders made sure that officials could be removed from office for "misdemeanors." That last bit is my personal take on it.

The Velveteen Ocelot

(115,691 posts)
13. "Misdemeanor" didn't have the same meaning in the 18th century
Thu Feb 11, 2021, 05:46 PM
Feb 2021

that it has now. In modern legal usage it means a minor crime that doesn't carry severe penalties, but in those days it was a catch-all term that included any kind of bad behavior that might not even be an actual crime. At the time the Constitution was written there wasn't even a federal criminal code.

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