Democrats Cannot Impeach Trump, and You Can’t Impeach Him After Leaving Office: Dershowitz

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Ronald David Bruno

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Harvard Law professor emeritus Alan Dershowitz said Democrats have virtually no chance of successfully impeaching and removing President Donald Trump before Inauguration Day on Jan. 20.

“The case cannot come to trial in the Senate. Because the Senate has rules, and the rules would not allow the case to come to trial until, according to the majority leader, until 1 p.m. on January 20th, an hour after President Trump leaves office,” Dershowitz said in a Fox Business interview on Sunday.

Dershowitz, who defended Trump during the Senate impeachment trial about a year ago, suggested that the Constitution does not allow for impeaching a former president.

“And the Constitution specifically says, ‘The President shall be removed from office upon impeachment.’ It doesn’t say the former president. Congress has no power to impeach or try a private citizen, whether it be a private citizen named Donald Trump or named Barack Obama or anyone else,” he said.

It comes as House Democrats have proposed articles of impeachment after Trump made a speech to protesters near the Capitol. Some critics have claimed Trump incited the crowd into violence before a group stormed the Capitol building.

Trump told the crowd beforehand that their protest shows “the kind of pride and boldness that they need to take back our country” and “let us walk down Pennsylvania Avenue.” The president did not tell the protesters to breach the Capitol or commit acts of violence and later condemned them.

At one point, Trump told the protesters to “peacefully and patriotically make your voices be heard.”

Another Trump defender during the House impeachment inquiry, law professor Jonathan Turley, explained that impeaching Trump over his speech would set a dangerous precedent.

“When I testified in the impeachment hearings of Trump and Bill Clinton, I noted that an article of impeachment does not have to be based on any clear crime but that Congress has looked to the criminal code to weigh impeachment offenses,” he said in an opinion piece. “For this controversy now, any such comparison would dispel claims of criminal incitement. Despite broad and justified condemnation of his words, Trump never actually called for violence or riots. But he urged his supporters to march on the Capitol to raise their opposition to the certification of electoral votes and to back the recent challenges made by a few members of Congress.”

Meanwhile, Democrats and some Republicans have floated the idea of Trump’s cabinet invoking the 25th Amendment, which concerns succession of the vice president if the president dies, resigns, or is removed from office.

Housing and Urban Development Secretary Ben Carson, a member of his cabinet, dismissed calls to invoke the 25th Amendment.

“As a Nation we need to heal. I have not talked to anyone about invoking the 25th Amendment, and I am focused on finishing what I started in uplifting the forgotten women and men of America. It’s time to move toward peace. We are not each other’s enemies!” he wrote.

Democrats Cannot Impeach Trump, and You Can’t Impeach Him After Leaving Office: Dershowitz
They are afraid of something, why else would they be so desperate? Some of their laptops are missing! Maybe it can incriminate them ... they didn't have a chance to delete it this time like Hillary did. If nothing more, some of these turkeys need to go to jail for high crimes. It would be nice if Chris Yoon is speaking the truth, he doesn't look like a liar to me or deceived. We will see how this all pans out.
 

Enoch111

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If nothing more, some of these turkeys need to go to jail for high crimes.
"need to go" should be "should have already been". And now it is far too late. All the criminals have taken control of the reins of power, and they are bound and determined to destroy everyone and everything. They revel in destruction and they are drunk with power.
 
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jaybird

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"need to go" should be "should have already been". And now it is far too late. All the criminals have taken control of the reins of power, and they are bound and determined to destroy everyone and everything. They revel in destruction and they are drunk with power.

when have the criminals not been in power? when Jesus was here He healed the sick, fed the hungry, said love was the greatest command, the ones in power had Him killed for that. it was no different before and no different after.
 

JohnDB

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Cotton from the Senate said there's no authority to impeach once Trump has left office.
 

WaterSong

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Cotton from the Senate said there's no authority to impeach once Trump has left office.
That's true. And the Senate refuses to convene a special session to do their part in this circus.
I think the point the Pelosi led fools in the House are hoping to make is, impeaching Trump precludes his running for a second term come 2024.
 
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Pearl

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Cotton from the Senate said there's no authority to impeach once Trump has left office.
He's already been impeached (twice). The next step would be his 'trial' in the senate which can go ahead after he leaves office. This was stated by experts on the US news channel.
 

JohnDB

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That's true. And the Senate refuses to convene a special session to do their part in this circus.
I think the point the Pelosi led fools in the House are hoping to make is, impeaching Trump precludes his running for a second term come 2024.

Truly...
I wish that they would quit wasting time and do something productive with their time on the people's dime... like fixing the Vaccine rollout, fixing the testing issues...get the stimulus package fixed...help the small business owners. Anything but try to get revenge.
 

JohnDB

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He's already been impeached (twice). The next step would be his 'trial' in the senate which can go ahead after he leaves office. This was stated by experts on the US news channel.
Experts are wrong on many counts.

The impeachment is when the house presents evidence to the Senate. Nixon was in exactly the same situation when he resigned and stopped from getting impeached...he is not recorded as being impeached because no trial was brought to the Senate floor.

You can't impeach a former president regardless of what he did...once a president becomes a private citizen then it's a matter of the regular court system and there's not any evidence of wrongdoing that would pass any sitting judge that wouldn't get overturned on appeal.

Impeach means to indict... meaning that the burden of proof presented to the Senate. And they won't convene now till after Biden takes office.
 

Enoch111

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The next step would be his 'trial' in the senate
You mean "sham trial in a kangaroo court". Who ever imagined that a day would come that elected representatives would be so utterly stupid and evil at the same time. They are completely shameless.

However, what some may have missed is that Joe Biden will be impeached on January 21 for abuse of power (presumably when he was VP to Obama).

Rep. Marjorie Taylor Greene to Newsmax TV: Filing to Impeach Joe Biden
President-elect Joe Biden – "bought off by foreign governments, Chinese energy companies, Ukrainian energy companies" – should be impeached when he takes office, according to Rep. Marjorie Taylor Greene, R-Ga., on Newsmax TV.

Rep. Marjorie Taylor Greene to Newsmax TV: Filing to Impeach Joe Biden
 
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WaterSong

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Truly...
I wish that they would quit wasting time and do something productive with their time on the people's dime... like fixing the Vaccine rollout, fixing the testing issues...get the stimulus package fixed...help the small business owners. Anything but try to get revenge.
That's optimistic. The Dem's have lived to get revenge for four years starting from the moment the oath left Trump's lips.
They and their buyers thought they had the next 4 in the bag. HRC was a sure thing. Then.....
HRC spent $1 million on a fireworks package to commemorate her election. They were to be set off over Manhattan after the last of the exit polling showed her to be the uncontested winner. Because she thought sure Trump, a "friend" as much as anyone can be to the Clinton clan, because he was also a former Democrat till he switched parties in order to run against her, and on a bet no less, was sure to lose and lose big.
SURPRISE!
I know people who were in Manhattan at the time and they knew people who were linked to the Dem's and the DNC.
It was ugly. HRC, per her own admission in her forthcoming book whining as to why she lost the election. Blamed everyone but herself and of all people, Donald Trump, is a wino. She was buzzed that night too.
After a time even Bill ran from the suite.
After that, she made it her mission to destroy him. Likely it isn't just Soros up to his usual intention to destroy America and the west this time. HRC and BHO for the last four years have been behind it all too. Because , as BHO said during the campaign, she was his protege'. Had she won, he'd have a second term as her advisor.

If JB does feign an illness, should he actually get in on the 20th, after a few months and step down there is nothing that would preclude BHO from being chosen by KH as VP. No Constitutional prohibition. He didn't stomp for Joe before the powers behind JB chose KH as his second. Then, when KH was that, out comes BHO campaigning for JB & KH.
BHO thinks people forget that he said Joe B had asked what he thought of his running in 2020 for president. BHO said he told JB, he didn't think it would be a good idea. That's why BHO didn't endorse JB when JB announced.

God, can you imagine that? "President" KH....and VP BHO!
 
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WaterSong

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That's true. And the Senate refuses to convene a special session to do their part in this circus.
I think the point the Pelosi led fools in the House are hoping to make is, impeaching Trump precludes his running for a second term come 2024.
I was wrong. So too is Pelosi and crew if they think their second impeachment of Trump will preclude his running for President in 2024. Can an impeached president run for re-election?
[sic]"...According to Article I, Section 3 of the United States Constitution, ”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.”

The Senate could not only vote for impeachment and subsequent removal from office with a 2/3 majority vote, but it could also vote to ban Trump from ever running for office again.

But even if the Senate convicts Trump and removes him from office — which is unlikely in itself, since unlike the House, the Republican Party holds a majority in the Senate — they can theoretically allow Trump to run for office again and he could go on with his re-election bid as if nothing happened, as long as he is nominated as the Republican candidate again.

This was never a scenario for the previous two presidents to be impeached by the House, Andrew Johnson and Bill Clinton.

Johnson sought the Democratic Party nomination in 1868, but was bypassed in favor of Horatio Seymour.

Clinton was impeached in 1999 during his second term and wasn’t allowed to run for president again due to term limits.
"
 

Pearl

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Experts are wrong on many counts.

The impeachment is when the house presents evidence to the Senate. Nixon was in exactly the same situation when he resigned and stopped from getting impeached...he is not recorded as being impeached because no trial was brought to the Senate floor.

You can't impeach a former president regardless of what he did...once a president becomes a private citizen then it's a matter of the regular court system and there's not any evidence of wrongdoing that would pass any sitting judge that wouldn't get overturned on appeal.

Impeach means to indict... meaning that the burden of proof presented to the Senate. And they won't convene now till after Biden takes office.
OK so the political experts were all wrong.
 

JohnDB

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OK so the political experts were all wrong.
I think that it's more a case of wishful thinking than actual factual reporting and relating the information.

They are telling people what they want to hear instead of the truth. Just like all those prophets who claimed Trump would win a second term.

And people are talking about the demise of Biden and Harris as if Trump would then get yet another term...and that's not happening either.
There's no scenario where Trump can be president unless he runs for office again in four years. Nor will he get impeached again. Mitch Mcconnell has said no...and Nancy may run the House but he runs the Senate. There's no way he is letting her run his Senate.