Our S.C. ignored the proper venue to try President for crimes (presidential immunity case)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
.
Yesterday, 4/25/2024, our Supreme Court, when hearing oral arguments concerning Trump and presidential immunity, they totally dropped the ball in ferreting out the constitutionally authorized venue to try a President for an alleged crime.
The truth is, our Constitution provides for the House to allege a crime, and the Senate is vested with the power to convene a trial to determine if that crime has actually occurred. If the Senate finds a crime has been committed, then the president can be prosecuted for that crime in a public venue, probably initiated by the United States Attorney General.
Generally speaking, in the case of a president committing a crime, the House and Senate act in a manner similar to that of a Grand Jury.
There is no other venue, other than Congress, mentioned in the Constitution to deal with a President who violates the law, and since the Constitution does provide that venue, it appears that is the proper venue to deal with a president who acts criminally while in office.
Why was the impeachment process added to our Constitution? One reliable source answering that question is Madison:
The bottom line is, the issue, dealing with a criminal acting President, was included in our Constitution under the impeachment process, and our Supreme Court never addressed the constitutionally authorized venue for charging, and then determining, if a president has engaged in criminal activity.
.
You are confusing a former president from a sitting president, and confusing the civil/political process with the legal process.
Impeachment conviction only results in the removal of a sitting president from office. It is a civil remedy, not a criminal one and doesn't require that the president committed a crime, despite the written clause, "high crimes and misdemeanors".
There is nothing prohibiting a jurisdiction from prosecuting a former president of crimes committed during his presidency, within the legal statute of limitations.
The Supreme Court is judging the very narrow subject of presidential immunity for official acts in office. Can a jurisdiction try a formal president for an official act he committed while performing his official duties in office.
The question of presidential immunity from legal prosecution by cities and states has absolutely nothing whatsoever to do with the civil/political process of impeachment to remove a sitting president from office. SCOTUS ignorned impeachment because it has nothing to do with the absurd, twisted and manufactured phoney NYC criminal charges against Trump for fraud or a non-disclosure agreement.
Well. The impeachment option is for Presidents. After a President leaves office, he is a private citizen.
And can be prosecuted for crimes he commits as a private citizen.
Aside from that and in the case under consideration (crimes alleged to have been committed by Trump while in office) Congress (the House and Senate) failed to do their job if Trump committed a crime as provided under the impeachment process and is the constitutionally authorized remedy.
You are confusing a former president from a sitting president, and confusing the civil/political process with the legal process.
.
Your assertions are groundless and without foundation.
You are ignoring why Article 2, Section 4, was adopted. It was specifically and intentionally adopted to deal with a President who commits “Treason, Bribery, or other high Crimes and Misdemeanors”while in office.
Impeachment is the constitutionally authorized procedure to deal with a President who commits criminal activity while in office. And once found guilty and removed from office, it stands to reason the president can then be prosecuted within our judicial system.
The Senate is the constitutionally authorized venue for a trial, to determine if the President engaged in criminal activity while in office.
And can be prosecuted for crimes he commits as a private citizen.
Aside from that and in the case under consideration (crimes alleged to have been committed by Trump while in office) Congress (the House and Senate) failed to do their job if Trump committed a crime as provided under the impeachment process and is the constitutionally authorized remedy.
United States Senate is an appropriate venue to try the President for alleged criminal conduct while in office
Quote:
Originally Posted by Chuckity
I get what you are saying now.
It really is a complex issue to resolve with any certainty.
Article Two of our Constitution sets out unique situations under which our President is empowered to act, and sometimes those situations entail required actions which could be construed as criminal conduct by civilians. In view of these obvious facts, it becomes self-evident why our founders decided to have members of our Senate as a venue for holding a trial to determine guilt or innocence should the president be charged with “Treason, Bribery, or other high Crimes and Misdemeanors”.
The unique circumstances under which a president must sometimes act, requires a unique venue to determine quilt or innocence of our president if charged with a crime, committed while in office. And that venue, by the terms of our Constitution, appears to be the United States Senate.
.
.
The question before the court is the question of immunity as it relates to his two federal indictments. Does a president have complete immunity.
Congress cannot try a president who left office.
That's incorrect. The US Senate tried Trump after he left office and acquitted Trump on the charge of insurrection in February 2021, after he was already out of office.
Senate confirms trying president under Art. 2, Sec. 4, after leaving office is constitutional.
Quote:
Originally Posted by InformedConsent
That's incorrect. The US Senate tried Trump after he left office and acquitted Trump on the charge of insurrection in February 2021, after he was already out of office.
And let us not forget that the Democrat controlled Senate confirmed by vote, that the trial of Trump while he was out of office was constitutional! LINK
All of this nonsense has come about because Trump dared to question what was a questionable election and he tried to investigate it. We had 3 long years with the Left telling us that Trump was an illegitimate President and the "The Walls were closing in" as the Mueller report dragged along. The House also impeached Trump because he dared to ask Zelinsky about Hunter Biden's questionable activities in Ukraine.
The Left seems frightened that Trump is going to or has broken the law while he was President but who is the real problem here? The Democrats have become the major danger to the future of this country not Trump.
Ketanji Brown Jackson, Bidens pick, showed her allegiance with her comment about this case where she practically said that Trump could become a murderous Dictator if Presidents are given a blanket immunity. Other justices were more rationale
Soooo IF Presidents do not have immunity does that mean when Joe Biden leaves office he can be arrested for having cocaine in his house? His orders have caused the death of innocent people such as that man delivering water shortly after the messy Afghanistan withdrawal and suicide bombing that claimed the lives of 14 of our soldiers. Biden could be charged with Murder right?
Of course Trump order the hit on Solomani a known terrorist leader so will be in a courtroom being tried for murder next IF these nonsense cases fall apart?
This is shaky ground.
Not only that, he knew what was going to happen when covid first started to show and the dems were pushing for mail in voting. Trump is very smart and he knew exactly what they were about to do, but we do have a very corrupt and crooked government and they couldn't have Trump in there for another 4 years to dismantle all their building blocks they have put into place to destroy this country.
They won't even hold a proper democrat primary because they have the perfect puppet in place. They tried to upstage Trump in the republican primaries with Nikki Haley, but it didn't work.
And let us not forget that the Democrat controlled Senate confirmed by vote, that the trial of Trump while he was out of office was constitutional! LINK
Exactly. Senate Democrats in their own words (votes).
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
United States Senate is an appropriate venue to try the President for alleged criminal conduct while in office
