Can the Senate try Trump after his term is over?
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It sounds as if the House of Representatives will impeach (or not) before Trump's tenure is over.
The Constitution does not seem to specify any schedule requirements for the Senate on trying the impeachment.
Article II of the U.S. Constitution includes the following:
The word "shall" makes it sound non-optional.
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Upon conviction of impeachable offenses/offense, one is removed from office, and is rendered unable to serve in public office for life. Those are the only concrete "punishments."
The last paragraph of Article 1, Section 3 reads:
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That's correct. He can be indicted, both federally and by a state or DC, for crimes which he allegedly committed after his term of office is over.
(This is probably why he is acting the way he is acting. He knows he is in big trouble).
Most likely, what happened in DC is primarily a federal jurisdictional matter. I rather wish it was more a DC matter, actually (since, at least theoretically, he can pardon himself for a conviction of a federal, but not a state, offense).
Last edited by kraftiekortie on 12 Jan 2021, 3:51 pm, edited 1 time in total.
The Senate can try him for crimes committed WHILE HE WAS IN OFFICE, via an impeachment motion passed by the House of Representatives. In previous impeachments, the Presidents were in office at the time of the trial---but Trump probably won't be the President during his second impeachment trial.
He can also be indicted, once he is out of office, for crimes which he committed WHILE HE WAS IN OFFICE. This is not "double jeopardy" in the Constitutional sense.
However, he cannot be indicted for a crime WHILE HE IS IN OFFICE, though he can be impeached (which is like an indictment). This is probably why he wants to remain in office!
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Maybe he knows of some good candidates for future investigations.
And I thought they had to file charges before the Statute of Limitations clock ran out. So, if for some obscure reason they couldn't indict you, could you run the clock out?
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Turning political differences into crimes is a very dangerous precedent. Every past president could theoretically be charged with a crime or abuse of power by the current administration. Trump has been impeached twice with no evidence, just because the opposition party could. Obama and Bushes administrations could have been charged with serious crimes but deference is usually given to past presidents.
Well, in both cases there was quite considerable evidence. Multiple witnesses testified over his dodgy dealings with Ukraine. And then with this, he spent months stoking hatred before instructing his supporters to march on the Capitol. It’s not cut and dried, but it is easy to see why reasonable and intelligent people on all sides are divided on whether it truly constitutes incitement. If you look at the case law then this seems to be about as finely balanced as a case can be, with strong arguments for both the prosecution and the defence.
As I see it, the point of impeaching Trump NOW is simply to remove him from the Presidency ASAP, to limit the amount of damage he can do on his way out.
See the following about his niece Mary Trump's assessments of him. Note her correct predictions of his behavior in November:
- Mary Trump warns of 'meltdowns' by Trump in next few months by Zack Budryk, The Hill, 11/09/2020.
I think she meant tantrums rather than "meltdowns" in the sense in which we use that term. Anyhow, here's what she has to say about him now:
- Mary Trump says her uncle is more desperate now and Americans should be 'both enraged and terrified' by Haven Orecchio-Egresitz, Business Insider, Jan 7, 2021:
However, she can imagine, based on his history of narcissism, that he is more desperate now than ever.
"Donald always thinks that it's impossible for him to lose and that, no matter, what he will end up with the win, even if there are several hundred thousand asterisks after it," the president's niece said. "He's increasingly made desperate by the fact that literally nothing seems to be working. There's nobody to get him out of this."
...
Trump needs to be "impeached and removed from office immediately," his niece told Insider.
"If that doesn't happen, that is an abject failure of our system and it doesn't bode well for our very fragile, wounded democracy," she said.
Beyond that, though, if Donald Trump isn't removed before his time in office runs out, he will grow increasingly unstable, she said.
Aides to the President said this week that he was so detached from reality during the siege they had given up trying to communicate with him during the crisis.
"If you're paying attention right now, you should be both enraged and terrified," [Mary] Trump said. "It is exhausting, but necessary because when people aren't paying attention, things like yesterday are allowed to happen."
...
"We can't put anything past Donald. He's desperate, he's terrified, he has absolutely no empathy, and he's a nihilist," the president's niece added.
Based on my own impressions of Donald Trump, his niece's impressions seem entirely plausible to me.
I worry about what he might do during the remaining time. For example, I worry about more possible coup attempts accompanying the rallies this coming weekend. I also worry about him possibly seizing upon some lame excuse to get us into a nuclear war.
I see Trump as being like a toddler with the attitude that if he can't play with his toys anymore, then no one else can either. I see him as a huge threat to national security, and more dangerous now than ever before.
Best to have a quick impeachment trial TODAY (Thursday) or at the latest TOMORROW (Friday). The point is not to punish him but just to get this country, and the rest of the world, out of harm's way as soon as possible.
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See the following about his niece Mary Trump's assessments of him. Note her correct predictions of his behavior in November:
- Mary Trump warns of 'meltdowns' by Trump in next few months by Zack Budryk, The Hill, 11/09/2020.
I think she meant tantrums rather than "meltdowns" in the sense in which we use that term. Anyhow, here's what she has to say about him now:
- Mary Trump says her uncle is more desperate now and Americans should be 'both enraged and terrified' by Haven Orecchio-Egresitz, Business Insider, Jan 7, 2021:
However, she can imagine, based on his history of narcissism, that he is more desperate now than ever.
"Donald always thinks that it's impossible for him to lose and that, no matter, what he will end up with the win, even if there are several hundred thousand asterisks after it," the president's niece said. "He's increasingly made desperate by the fact that literally nothing seems to be working. There's nobody to get him out of this."
...
Trump needs to be "impeached and removed from office immediately," his niece told Insider.
"If that doesn't happen, that is an abject failure of our system and it doesn't bode well for our very fragile, wounded democracy," she said.
Beyond that, though, if Donald Trump isn't removed before his time in office runs out, he will grow increasingly unstable, she said.
Aides to the President said this week that he was so detached from reality during the siege they had given up trying to communicate with him during the crisis.
"If you're paying attention right now, you should be both enraged and terrified," [Mary] Trump said. "It is exhausting, but necessary because when people aren't paying attention, things like yesterday are allowed to happen."
...
"We can't put anything past Donald. He's desperate, he's terrified, he has absolutely no empathy, and he's a nihilist," the president's niece added.
Based on my own impressions of Donald Trump, his niece's impressions seem entirely plausible to me.
I worry about what he might do during the remaining time. For example, I worry about more possible coup attempts accompanying the rallies this coming weekend. I also worry about him possibly seizing upon some lame excuse to get us into a nuclear war.
I see Trump as being like a toddler with the attitude that if he can't play with his toys anymore, then no one else can either. I see him as a huge threat to national security, and more dangerous now than ever before.
Best to have a quick impeachment trial TODAY (Thursday) or at the latest TOMORROW (Friday). The point is not to punish him but just to get this country, and the rest of the world, out of harm's way as soon as possible.
Bolding is mine.
Personal feelings and emotions:
From even before he was elected I have always greatly feared he would have a tantrum and get us all blown up. So far that consistent fear of mine has been Trump Derangement Syndrome. When Biden was projected the winner and all these people were out in the street celebrating I was appalled because I thought we were entering the most dangerous period of his Presidency for the reasons stated above. I thought and had for years that would be him barricading himself in the White House or even worse calling out his supporters to surround the White House and daring the military to go through them and come get him. While I was apparently wrong about that specific scenario I was unfortunately right in the larger sense.
My original scenario and nuclear annihilation seems not likely now though with such an impulsive man you can not totally rule it out.
And we will have to wait until his term is over.
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Apparently, neither are about 150 GOP congress members. But then then the "DC estabilishment" (and you know that Liz Cheney is just a left-wing PC nut) does not believe in insurrection against a democracy to overturn a free and fair election.
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