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Question for any constitutional scholars out there

Shrink726

Shrink726

The tolerant left? I'm the intolerant left.
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If impeachment is initiated but the new administration is sworn in before a determination is made by the Senate regarding guilt, can the process still continue after he's officially out of office? This is important because a conviction prevents him from ever again holding public office, takes away his pension and lifetime Secret Service protection.
 
Just another silly dream.... Trump will end up in Florida with his Secret Service detail.
My guess to your question is NO! He would not be the president then so you could not impeach him.
Talk about being vindictive!
 
While it has not been done before, my understanding is that there is nothing in the law that prevents impeachment of a federal official after they are out of their office.

I do not think it will happen, but legally it could.
 
Common Sense 1 said:
Just another silly dream.... Trump will end up in Florida with his Secret Service detail.
My guess to your question is NO! He would not be the president then so you could not impeach him.
Talk about being vindictive!
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You have no idea how enraged and vindictive I am regarding this maggot. There is no fate too depraved for this vile pig.
 
Common Sense 1 said:
Just another silly dream.... Trump will end up in Florida with his Secret Service detail.
My guess to your question is NO! He would not be the president then so you could not impeach him.
Talk about being vindictive!
Click to expand...


You are incorrect... They can absolutely impeachment him and convict after his term has expired..
 
Shrink726 said:
If impeachment is initiated but the new administration is sworn in before a determination is made by the Senate regarding guilt, can the process still continue after he's officially out of office? This is important because a conviction prevents him from ever again holding public office, takes away his pension and lifetime Secret Service protection.
Click to expand...

This is uncharted territory to the extent we are talking about it today, but there is some precedent via Belknap and it is all we have to evaluate from.

Way the hell back in like 1875 and 1876 there were what some called political motivation into potential kickbacks that William Belknap ("war secretary" to President Ulysses Grant) received. The House started investigations, drafted up Articles of Impeachment, and ultimately as they were to vote Belknap resigned. House voted anyway, passed the measure and sent it over to the Senate. The Senate decided to hold the trial anyway on the determination that it retained the capability for current and former officials. At vote to convict time the majority did vote in favor but it failed on the two-thirds majority needed. Ultimately acquitted by procedure of the vote.

What makes this difficult is none of this is Judicial Branch tested. As in the determination of the House to vote after Belknap resigned, the determination of the Senate on their capability to hold trial for former officials, etc. However this is pretty much the only precedence we have to look on and consider the door open for this sort of thing.

The core issue is it can be argued well that in today's political climate to go after Trump after his term it would take a solid majority in the House (check,) a solid two-thirds majority in the Senate (nope,) and potentially a solid aligned Judicial Branch to agree to this by Constitutional evaluation on likely challenge (a huge question mark.) By reading Article II, Section 4 explicitly there is no mention of "former."

I can only conclude it would be tried by House Democrats and die somewhere in the Senate given what we know of the next Congress coming in.
 
Shrink726 said:
If impeachment is initiated but the new administration is sworn in before a determination is made by the Senate regarding guilt, can the process still continue after he's officially out of office? This is important because a conviction prevents him from ever again holding public office, takes away his pension and lifetime Secret Service protection.
Click to expand...

Obviously impeachment hearings can't happen after January 19, which is why people are talking about "invoking the 25th Amendment" through appointed Cabinet members and the Vice President. If the rattlesnake is removed from office that way he can't run again for any public office. That is everyone's hope, but Congress is preparing itself for impeachment.
 
GolfingChef said:
While it has not been done before, my understanding is that there is nothing in the law that prevents impeachment of a federal official after they are out of their office.

I do not think it will happen, but legally it could.
Click to expand...

Wrong. The law is if a federal official is impeached, then re-elected anyway, the new Congress can impeach him again during his/her next term. If someone could be impeached after leaving office, it would have happened to Hillary Clinton.
 
Blue Donkey said:
Wrong. The law is if a federal official is impeached, then re-elected anyway, the new Congress can impeach him again during his/her next term. If someone could be impeached after leaving office, it would have happened to Hillary Clinton.
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Thanks, I am sure you have a link to that law since you are so very sure about it
 
BlueTex said:
You are incorrect. They can absolutely impeachment him and convict after his term has expired.
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If that is true, what was the point of Richard Nixon and his VP resigning in 1974?
 
The impeachment can continue and while the removal from office is no longer a point, being barred from holding public office or position of trust, upon conviction, is still a desired outcome.
 
Blue Donkey said:
Do I have to be exact and count the last 12 hours?
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You said impeachment could not continue beyond 1-19-21. I said I believe you are wrong. I have no idea what you're talking about re "Do I have to be exact and count the last 12 hours?"

Care to elaborate?
 
Shrink726 said:
You said impeachment could not continue beyond 1-19-21. I said I believe you are wrong. I have no idea what you're talking about re "Do I have to be exact and count the last 12 hours?"

Care to elaborate?
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Sure. The rattlesnake lost. To be thrown out of office via impeachment/conviction in Congress (a process that takes months, not days), obviously he needs to still be the President.
 
Blue Donkey said:
Sure. The rattlesnake lost. To be thrown out of office via impeachment/conviction in Congress, obviously he needs to still be the President.
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No he doesn't. You are wrong.
 
Blue Donkey said:
Sure. The rattlesnake lost. To be thrown out of office via impeachment/conviction in Congress (a process that takes months, not days), obviously he needs to still be the President.
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There is nothing preventing the house from impeaching and the senate convicting in days if they want... Impeachment and conviction is a political process, not a judicial process... congress writes the rules
 
BlueTex said:
There is nothing preventing the House from impeaching and the Senate convicting in days if they want. Impeachment and conviction is a political process, not a judicial process. Congress writes the rules.
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I was asking how a private citizen can be impeached because the claim was Congress can do it after the rattlesnake leaves office.
 
Blue Donkey said:
I was asking how a private citizen can be impeached because the claim was Congress can do it after the rattlesnake leaves office.
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Gotcha...
 
Blue Donkey said:
I was asking how a private citizen can be impeached because the claim was Congress can do it after the rattlesnake leaves office.
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I am not sure if he can be impeached after he is out of office but any crimes he did commit while in office IF he is not pardoned , may be able to be pressed against him as a citizen,
If it was a crime and he committed it and is not pardoned he should be held accountable
But it is a good question
Have a nice day
 
Of course we all know he will never be pardoned for any of his stupid crimes.
 
BlueTex said:
There is nothing preventing the house from impeaching and the senate convicting in days if they want... Impeachment and conviction is a political process, not a judicial process... congress writes the rules
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The House would have to write the charges ( that could be done in hours if they want ) then pass it and send it to the Senate and IF they wanted they could hold a trial almost as fast as the House wrote the charges.
IF they really wanted they could do this in a matter of hours
But I am sure McConnell would do the same as last time and not bring it to trial in the Senate
Like last time when there were Republican Senators that out right said He was guilty of the charges the House forwarded but they were NOT going to vote against him.
Have a nice day
 
Blue Donkey said:
Of course we all know he will never be pardoned for any of his stupid crimes.
Click to expand...
Not to sure about that.
IF he is then that opens the way for Pence to run with out having to worry about running against him in 2024
It would all depend on Pence and what he wants to do
Have a nice day
 
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