General Discussion

DallasNE

(8,019 posts)

50. That Is The Question

Sat Jan 9, 2021, 08:24 PM

Jan 2021

Impeachment applies to all officers in all branches of government. The 1976 letter does not cover the VP, only the President. The 14th Amendment lists a number of officers, including State officers, but does not specifically mention either the President or Vice President. I'm sure the 14th Amendment was worded the way it was to assure people from the old confederacy could be dealt with should they not be loyal to the post slavery America. The assumption was probably that the President and Vice President would not have ties to the old confederacy so there was no need to include them. Trump proved them wrong.

Since the rioters wanted to hang the Vice President and he refused to go along with the plot the VP is clear. Trump is not. Under current rules, including the 1976 letter, Trump would first need to be impeached and then tried for the crimes. It would be wise to replace that 1976 letter with one that would create classes of crimes. The class of High Crimes could be pursued immediately but a class of common crime could not be brought against a sitting President.

I am not an attorney.

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14th Amendment, Section 3. " No person shall be a Senator or Representative in Congress ... [View all] My Pet Orangutan Jan 2021 OP

Expell every last one of the anti American traitors. nt procon Jan 2021 #1

Send Trump and OTHERS OF "HIS ILK" to the moon. Let them live on the black side of moon. trueblue2007 Jan 2021 #39

And there's the "killer"........ MyOwnPeace Jan 2021 #2

Apparently a law is not a law if enough people have power in the government... DSandra Jan 2021 #6

And apparently a law is not a law if enforcing it might make the law breakers mad. TryLogic Jan 2021 #40

No. That means they can vote to keep the person if the vote is 2/3 of both houses. BComplex Jan 2021 #9

agree CMYK Jan 2021 #41

Correct...this was included to allow repentant seccessionists to apply for re-admission pecosbob Jan 2021 #51

Think higher! RealityCheque Jan 2021 #3

The President Is Not Specifically Named DallasNE Jan 2021 #44

Points well taken... RealityCheque Jan 2021 #46

That Is The Question DallasNE Jan 2021 #50

At this point, neither chamber has 2/3 of the vote. fierywoman Jan 2021 #4

The 2/3 vote is to allow them to continue sitting, My Pet Orangutan Jan 2021 #7

Correct. But It Requires DallasNE Jan 2021 #45

Key point "2/3 of those in session" RealityCheque Jan 2021 #47

kick!! onetexan Jan 2021 #5

The 2/3 needed dweller Jan 2021 #8

Sorry -- yes I'm clear that the 2/3 allows them to be seated again. Therefore, fierywoman Jan 2021 #10

Need to be charged first dweller Jan 2021 #12

Merrick Garland My Pet Orangutan Jan 2021 #14

2/3 of those seated in the session when the vote is called. RealityCheque Jan 2021 #48

Does anyone have enough legal training to help define legal insurection and cally Jan 2021 #11

They don't have to have taken part of the insurrection, My Pet Orangutan Jan 2021 #13

aid and comfort seem pretty easy to prove flibbitygiblets Jan 2021 #52

Too bad that doesn't include the T media. hedda_foil Jan 2021 #15

They have to be convicted first. Nt Fiendish Thingy Jan 2021 #16

Did the Confederates need to be convicted? My Pet Orangutan Jan 2021 #17

They were expelled by a 2/3 vote. Without a 2/3 vote to expel, a conviction for insurrection Fiendish Thingy Jan 2021 #18

Not so. My Pet Orangutan Jan 2021 #20

No, you are wrong. To be expelled, a 2/3 vote is required Fiendish Thingy Jan 2021 #22

No. You are wrong. My Pet Orangutan Jan 2021 #23

You think the AG can unilaterally disqualify members of Congress? tritsofme Jan 2021 #24

No. But I can imagine the matter being referred to the AG, My Pet Orangutan Jan 2021 #26

Right...but the AG has no power to unilaterally disqualify members tritsofme Jan 2021 #27

Senate majority leader Schumer requests the AG My Pet Orangutan Jan 2021 #28

No BGBD Jan 2021 #30

The AG, is not finding whether they are guilty of a crime My Pet Orangutan Jan 2021 #33

Referring to the AG means referring for prosecution, not for a determination StarfishSaver Jan 2021 #54

So who would make the determination? My Pet Orangutan Jan 2021 #56

A court StarfishSaver Jan 2021 #58

Understood. My Pet Orangutan Jan 2021 #59

YW StarfishSaver Jan 2021 #60

So supposing McConnell, this afternoon, were to ask Acting AG Whoever tritsofme Jan 2021 #31

I have been arguing in good faith. My Pet Orangutan Jan 2021 #35

If you think the AG possesses such spectacular power, it begs the question as to why Trump's tritsofme Jan 2021 #38

We are talking about two different things- Confederates were expelled by 2/3 vote Fiendish Thingy Jan 2021 #29

I disagree. My Pet Orangutan Jan 2021 #32

The US senate website states they were "expelled" which is defined in the Constitution as requiring Fiendish Thingy Jan 2021 #37

Where does the 14th Amendment refer to a crime or conviction? My Pet Orangutan Jan 2021 #53

It's contained in another part of the 14th - the Due Process Clause StarfishSaver Jan 2021 #55

Got it. My Pet Orangutan Jan 2021 #57

That was my entire point- without a conviction they have grounds for appeal. Nt Fiendish Thingy Jan 2021 #61

The secessionists were expelled before the 14th Amendment. My Pet Orangutan Jan 2021 #25

Perhaps you should take this up with Speaker Pelosi and Maj. Leader Schumer... brooklynite Jan 2021 #19

The matter will rest with AG Garland. My Pet Orangutan Jan 2021 #21

I'm equally confident that no member of Congress will face charges brooklynite Jan 2021 #34

Charges are not necessary My Pet Orangutan Jan 2021 #36

My bet is that no member of congress will be charged or expelled. TryLogic Jan 2021 #43

Section 3 of the 14th Amendment was adopted specifically to deal with the Civil War onenote Jan 2021 #42

It could be applied there BGBD Jan 2021 #49