Author Topic: Can there be multiple trials in the Senate?  (Read 482 times)

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Offline IsailedawayfromFR

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Can there be multiple trials in the Senate?
« on: December 06, 2019, 02:09:56 am »
Was just wondering something.

If the House impeaches, the GOP Senate will have a trial.

I wonder if the Senate goes Democrat, can they then have a second trial on the same impeachment charges?

In other words, I see nothing in the Constitution that says double jeopardy is forbidden, and the Dems can resurrect the impeachment approved years ago and have another trial about it.

What's your opinion?
No punishment, in my opinion, is too great, for the man who can build his greatness upon his country's ruin~  George Washington

Offline bigheadfred

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Re: Can there be multiple trials in the Senate?
« Reply #1 on: December 06, 2019, 02:51:46 am »
The dems are doing what they want now. And it appears there will be no "years ago" since impeaching Trump is a never-ending story.
She asked me name my foe then. I said the need within some men to fight and kill their brothers without thought of Love or God. Ken Hensley

Offline Hoodat

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Re: Can there be multiple trials in the Senate?
« Reply #2 on: December 06, 2019, 03:02:47 am »
In other words, I see nothing in the Constitution that says double jeopardy is forbidden, and the Dems can resurrect the impeachment approved years ago and have another trial about it.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


But then when has the Constitution ever stopped Democrats?
If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.     -Dwight Eisenhower-

"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."     -Ayn Rand-

Offline IsailedawayfromFR

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Re: Can there be multiple trials in the Senate?
« Reply #3 on: December 06, 2019, 03:00:10 pm »
Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


But then when has the Constitution ever stopped Democrats?
If that applies to a trial on removal from office, then the Senate needs to hold a trial.
No punishment, in my opinion, is too great, for the man who can build his greatness upon his country's ruin~  George Washington

Offline RetBobbyMI

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Re: Can there be multiple trials in the Senate?
« Reply #4 on: December 06, 2019, 03:12:18 pm »
If that applies to a trial on removal from office, then the Senate needs to hold a trial.
First action upon trial is case dismissed. Move on.

The House could keep trying to impeach on whatever grounds they make up, but that will continue to demonstrate to voters their yellow backbone.
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Offline Hoodat

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Re: Can there be multiple trials in the Senate?
« Reply #5 on: December 06, 2019, 04:59:19 pm »
If that applies to a trial on removal from office, then the Senate needs to hold a trial.

Even better, table it until after the election due to lack of evidence.  Only when the Democrats are able to provide actual evidence that an offense has been committed (i.e. something other than the hypotheticals that they have offered so far) - only then will the process go forward.  So we can go though the next ten months listening to Democrats complain about how 'unfair' it is that they are required to come up with evidence before the Senate trial can begin.
If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.     -Dwight Eisenhower-

"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."     -Ayn Rand-

Offline IsailedawayfromFR

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Re: Can there be multiple trials in the Senate?
« Reply #6 on: December 07, 2019, 12:22:19 am »
Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


But then when has the Constitution ever stopped Democrats?
That may be, but some are floating double jeopardy does not apply such as Obama's solicitor general.  Of course he is pushing his book.

https://www.foxnews.com/politics/neal-katyal-impeach-trump-obama
No punishment, in my opinion, is too great, for the man who can build his greatness upon his country's ruin~  George Washington

Offline Hoodat

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Re: Can there be multiple trials in the Senate?
« Reply #7 on: December 07, 2019, 01:21:24 am »
That may be, but some are floating double jeopardy does not apply such as Obama's solicitor general.  Of course he is pushing his book.

I am willing to give them a do-over on impeachment as long as they are willing to give each State a do-over on ratifying the 16th and 17th Amendments.
If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.     -Dwight Eisenhower-

"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."     -Ayn Rand-