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Robert Barron's avatar

I am going to take another stab at this since we keep on being inundated by the talking dick heads stating that the president cannot be indicted and tried during his time in office. I think the dick heads are presenting an argument that is not simply mooted, but vitiated by Article I, Section 3, of the Constitution. According to the second to last paragraph of Section 3, "[t]he Senate shall have the sole Power to try all impeachments. The last paragraph of Section 3 goes on to state: "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 the Law." Liability under the law is not predicated on conviction by the Senate, but on the strictures of the law which govern every citizen's conduct.I don't believe the founding fathers were speaking of trial only upon conviction. I believe they were stating unequivocally that impeachment was not the only avenue by which a president must account for his conduct. Whether convicted by the Senate or not, which is a political remedy, the president would still face trial in a court of law. If a president could only be tried in a court of law if conviction by the Senate were to occur, then in those instances in which no conviction were had because of political maneuverings, a president could never be tried in a court of law. The president, by Article I, Section 3, should face trial not only in the Senate but also in a court of law. The remedies co-exist and one is not contingent upon the other. Whoever is positing that a president can only be impeached during his time in office is misrepresenting the Constitution itself either willfully or foolishly. A president who commits crimes must be tried in a court of law, not simply the Senate. Otherwise, the dick heads make a mockery of our legal system.

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Mr. Yuk, Human Bean's avatar

World's most elaborate combover.

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