Tuesday, January 26, 2021

Senate Trial of Donald Trump Would be Blatantly Unconstitutional


The Constitution clearly defines impeachment as a   procedure  for removing individuals from federal office.  "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"    Obviously the person must hold a government office at  the time  of  the trial or the   removal question  is moot  The Senate cannot   remove a the person from an office the person doesn't hold.  Nothing in the impeachment provision authorizes the Senate to try   private citizens even those who once held government office.   Our system of  government is based on the concept that government generally can only do what   it is authorized to do. 

Many  laws have a statute of limitations which require a prosecutor to prosecute a defendant within a  specific time  period afte the crime or forfeit  prosecutionThe  statute of limitations  for  impeachment  cases   isn't   a specific  time  periodThe  statute of limitations for  impeachment  cases expires  if the office holder' term expires or if the office holder resigns or  is fired by a supervisorThe Senate's failure to try Donald Trump before he  left office allowed the statute of limitations to  run out with  the Senate forfeiting  the option of   trying Donald Trump

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