impeachment scenario

[dilbert firestorm]

this got me wondering.

this has never happened in history (can't say about other countries)

say you have situation where a president gets impeached in the last year of the presidency (1st term) by both houses (house & senate).

Can the ex-president run for office in the upcoming presidential election?

bet it would be nasty.

[bb1961]

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

ARTICLE I, SECTION 3, CLAUSE 7

[eccielover]

Originally Posted by bb1961

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

ARTICLE I, SECTION 3, CLAUSE 7

So it's actually up to the Senate during conviction to decide if the POTUS would be disqualified from holding office again.

[oeb11]

DF - Constitutional Process - House impeaches by majority vote, refers to Senate for Trial - conviction by 2/3 or greater vote. Senate does not Impeach.

Given our "Innocent until proven guilty in a court of law" Constitutional Right - (DPST adherence to that regarding Trump is an exception to them) -If Impeached Trump has the right to run for re-election until convicted - conviction in the Senate is likely not happening.

If a POTUS is impeached, convicted, and ousted from Office - that person can be tried in criminal courts for crimes committed. "High crimes and misdemeanors" would be a disqualifier for office.

As i see it - not a Constitutional lawyer.

[gnadfly]

IMO, AG Barr is about to bring holy hell down on the Collusion/Delusion swamp and get long overdue prison sentences, pink slips from those who participated.

[the_real_Barleycorn]

Conviction of a felony is NOT a disqualifier for high office. Ask convicted felons Ted Kennedy and Edward Edwards.

[dilbert firestorm]

Originally Posted by the_real_Barleycorn

Conviction of a felony is NOT a disqualifier for high office. Ask convicted felons Ted Kennedy and Edward Edwards.

edward edwards?

did you mean edwin edwards?

interesting comments.

so the answer is prolly yes provided he/she is not convicted by the courts before election.

[rexdutchman]

[the_real_Barleycorn]

I just lived in NOLA for a while. Never understood the accent.

As for impeachment; impeachment is the political equivalent of an indictment and they say you can indict a ham sandwich. So the house can impeach with a simple majority of those present. That is important. If the president is impeached then a trial will be held in the Senate. The house will send over some elected representatives to act as prosecutors. Their every word and action will be weighed by the public. They must make the case that a real "high crime or misdemeanor" occurred. They must prove the guilt of the president. A 2/3 rds vote of those present will convict the president. That means a lot of republicans have to vote to impeach or 30 of them have to stay home. In the very unlikely scenario that the president is convicted the Senate has to move to the sentencing phase. They would probably vote for removal but they don't have to.

[dilbert firestorm]

Originally Posted by rexdutchman

what was funny about this thread?

[bb1961]

Originally Posted by bb1961

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

ARTICLE I, SECTION 3, CLAUSE 7

It seems the the article, section and clause are pretty self-explanatory!!
Impeachment and removal from office...
Disqualification to hold and enjoy any office of honor, trust or profit under the United States...what part of that is ambiguous??

[bb1961]

Originally Posted by the_real_Barleycorn

Conviction of a felony is NOT a disqualifier for high office. Ask convicted felons Ted Kennedy and Edward Edwards.

They weren't impeached and removed from office.

[oeb11]

Originally Posted by the_real_Barleycorn
Conviction of a felony is NOT a disqualifier for high office. Ask convicted felons Ted Kennedy and Edward Edwards.


Topic is impeachment-conviction of POTUS - Kennedy was US Senator, Edwards was corrupt Louisiana governor - Edwards does not qualify for POTUS impeachment - although the impeachment process does apply to US Senators.

Massachusetts would elect a mass murderer if named Kennedy.

[dilbert firestorm]

Originally Posted by oeb11

Originally Posted by the_real_Barleycorn
Conviction of a felony is NOT a disqualifier for high office. Ask convicted felons Ted Kennedy and Edward Edwards.

Topic is impeachment-conviction of POTUS - Kennedy was US Senator, Edwards was corrupt Louisiana governor - Edwards does not qualify for POTUS impeachment - although the impeachment process does apply to US Senators.

Massachusetts would elect a mass murderer if named Kennedy.

governors do get impeached at the state level. don't know if that ever happened. I'msure there may have been a few.

[the_real_Barleycorn]

You may think it is not relevant but my statement stands, a felony conviction does not disqualify someone from holding or being elected to office.