Warren A. Lyon who is In House Counsel at ANGEL RONAN LEX SCRIPTA has argued for Donald Trump's Acquittal. It is the only right answer based on the evidence. Go to www.theangelronanissue.wordpress.com. Will there be a probe into whether Trump was involved in the 2021 insurrection and the 9/11 incidences? The answer is no because Trump hats worn by his detractors is not proof he organized the rally and the protest. Any evidence is only heresay evidence and is not sufficient evidence to convict. The trial process on misdemeanors offences , however, can proceed at any time after further consideration because there are no statutes of limitations involving criminal prosecutions. The impeachment process is based on the simple rules involving misdemeanors. However, the subject matter and the uniqueness of nature of the impeachment process may lead to an estoppel on the availability of any prosecution once the President has left office to ensure he is not exposed to unfettered litigation contrary to the public interest unless war crimes or genocide is involved. Similar to the First impeachment process, it seems a motion involving the quality and sufficiency of evidence is necessary, asking the court to confirm there is no evidence on which the Court could arrive at a conviction. This cannot be a public lab for well healed but legally uninitiated individuals to understand the Court and it's inherent jurisdiction to arrive at justice; impartial and dispassionate.
Will there be a probe into whether Trump was involved in the 2021 insurrection and the 9/11 incidences? The answer is no because Trump hats worn by his detractors is not proof he organized the rally and the protest. Any evidence is only heresay evidence and is not sufficient evidence to convict. The trial process on misdemeanors offences , however, can proceed at any time after further consideration because there are no statutes of limitations involving criminal prosecutions. The impeachment process is based on the simple rules involving misdemeanors. However, the subject matter and the uniqueness of the nature inherent to the impeachment process may lead to an estoppel on the availability of any prosecution once the President has left office to ensure he is not exposed to unfettered litigation contrary to the public interest unless war crimes or genocide is involved. The trial should proceed before he leave office also to preserve the continuity of the evidence; if any. Similar to the First impeachment process, it seems an in trial motion involving the quality and sufficiency of evidence is necessary, asking the court to confirm there is no evidence on which the Court could arrive at a conviction. This cannot be a public lab for well healed but legally uninitiated individuals to understand the Court and it's inherent jurisdiction to arrive at justice; impartial and dispassionate.
Warren A. Lyon who is In House Counsel at ANGEL RONAN LEX SCRIPTA has argued for Donald Trump's Acquittal. It is the only right answer based on the evidence. Go to www.theangelronanissue.wordpress.com.
According to Wikipedia;
The Constitution gives Congress the authority to impeach and remove "The President, Vice President, and all civil officers of the United States." Only sitting Presidents can be impeached based on the rules of the Senate. The vote to impeach must be passed before another President is sworn in and he leaves office; not afterwards. "Civil officers of the United States" are defined in Art. II, §2, cl. 2 of the Constitution. Only persons who hold their place by virtue of an appointment by the President, or of one of the courts of justice or heads of Departments authorized by law to make such an appointment are an officer of the United States.[16][3] Officers cannot be elected officials,[17] whose offices are classified as a public trust; thus the President and Vice President needed to be included separately in the article. No other offices of the public trust are named, thus Senators and Representatives can not be impeached.
Federal judges are established under the Appointments Clause and are therefore subject to impeachment. In fact, 15 of 20 officers impeached, and all eight officers removed after Senate trial, have been judges. The most recent impeachment effort against a Supreme Court justice that resulted in a House of Representatives investigation was against Associate Justice William O. Douglas. In 1970, Representative Gerald R. Ford, who was then House minority leader, called for the House to impeach Douglas. However, a House investigation led by Congressman Emanuel Celler (D-NY) determined that Ford's allegations were baseless. According to Professor Joshua E. Kastenberg at the University of New Mexico, School of Law, Ford and Nixon sought to force Douglas off the Court in order to cement the "Southern strategy" as well as to provide cover for the invasion of Cambodia.[18]
Within the executive branch, any Presidentially appointed "principal officer", including a head of an agency such as a Secretary, Administrator, or Commissioner, is a "civil officer of the United States" subject to impeachment.[3] Federal civil service employees have no Presidential appointment.
Members of Congress (Representatives and Senators) are elected and therefore are not not "civil officers" for purposes of impeachment.[19] As a practical matter, expulsion is effected by the simpler procedures of Article I, Section 5, which provides "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members ... Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member." (see List of United States senators expelled or censured and List of United States Representatives expelled, censured, or reprimanded). This allows each House to expel its own members without involving the other chamber. In 1797, the House of Representatives impeached Senator William Blount of Tennessee.[20] The Senate expelled Senator Blount under Article I, Section 5, on the same day. However, the impeachment proceeding remained pending (expulsion only removes the individual from office, but conviction after impeachment may also bar the individual from holding future office, so the question of further punishment remained to be decided). After four days of debate, the Senate voted 11 for and 14 against the resolution that a Senator is a "civil officer of the United States" for purposes of the Impeachment clause, and dismissed for lack of jurisdiction.[19][21] The House has not impeached a Member of Congress since.
The constitutional text does not specify if an official can be impeached after they depart office, some legal experts are of the opinion that the text and purpose of the Constitution limit impeachment to sitting officials,[22] yet in 1876 William W. Belknap had resigned office hours before articles of impeachment were drawn on him, and he was impeached. The Senate acquitted him at trial.
Warren A. Lyon, FSJ Journal.
References.
- Wolfe, Jan (February 2, 2021). "Explainer: Is Trump's post-presidency impeachment trial constitutional?". Reuters. Retrieved February 9, 2021.
former federal appeals court judge J. Michael Luttig has said that the text and purpose of the Constitution make clear that the Senate’s power is limited to convicting a sitting president.
- ^ a b Impeachment and Removal Archived November 15, 2019, at the Wayback Machine, Congressional Research Service, October 29, 2015
- ^ "U.S. Senate: Constitution of the United States". U.S. Senate. March 4, 1789. Archived from the original on February 10, 2014.
- ^ Millhiser, Ian (January 8, 2021). "How Congress can permanently disqualify Trump from office after impeachment". Vox. Retrieved January 15, 2021.
- ^ "Judgment - Removal and Disqualification". Justia. Retrieved January 19, 2021.
- ^ "House Rules". Archived from the original on December 12, 2010. Retrieved December 31, 2010.
- ^ Parliamentarian of the House, U.S. House of Representatives, The House Practice: A Guide to the Rules, Precedents and Procedures of the House, at https://www.govinfo.gov/collection/house-practice ArchivedDecember 21, 2019, at the Wayback Machine. Each Congress adopts its own rules, available at https://rules.house.gov/rules-resources Archived December 23, 2019, at the Wayback Machine
- ^ a b c d "Rules and Procedures of Practice in the Senate When Sitting on Impeachment Trials" (PDF). Senate Manual Containing the Standing Rules, Orders, Laws and Resolutions Affecting the Business of the United States Senate. United States Senate. August 16, 1986. Section 100–126, 105th Congress, pp. 177–185. Archived (PDF) from the original on December 19, 2019. Retrieved June 14, 2018.
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