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The Political Forum Discuss anything related to politics in this forum. World politics, US Politics, State and Local.

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Old 01-16-2021, 01:23 PM   #1
dilbert firestorm
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Default Impeachment and trial in senate

I came across an article that claimed there was precedent for a senate trial for someone who left office. It was just a paragraph and the writer left it at that.


I looked it up and have confirmed that such a thing did happen.


https://en.wikipedia.org/wiki/William_W._Belknap


In 1876, William Belknap, Secretary of War in the Grant administration, resigned on the day the House impeached him for alleged corruption. the senate held trial and acquitted him.
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Old 01-16-2021, 03:15 PM   #2
winn dixie
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But is there precedent between resigning and after end of term in office? Or does it matter?
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Old 01-16-2021, 05:10 PM   #3
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There’s this thing called the constitution. If you read it, I’m sure you’ll find your answer.
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Old 01-16-2021, 05:21 PM   #4
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Quote:
Originally Posted by 1blackman1 View Post
There’s this thing called the constitution. If you read it, I’m sure you’ll find your answer.

Which is why in another thread you admitted that the SC "might" get involved?

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Old 01-16-2021, 07:20 PM   #5
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Quote:
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But is there precedent between resigning and after end of term in office? Or does it matter?
good question. I don't know the answer to that.

there was an argument about this in the 1876 senate about going to trial since the guy had resigned and they voted yes, they had the right to hold a trial.

so this question wasn't answered as he was acquitted of said charges.

If the senate convicted him, there likely would have been a challenge to the process, the supreme court likely would get involved.

the twist here is that I think the chief justice may have to recuse himself since he presided over the trial.

so, this is an known unknown.

Interesting thing about this is that the Grant administration's DOJ was going to indict Belknap on corruption charges. Belknap managed to talk Grant out of this.
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Old 01-17-2021, 09:25 AM   #6
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Which is why in another thread you admitted that the SC "might" get involved?
Not because the answer isn’t already there but because lawyers will sue the house or senate alleging that the answer is something other than what’s in the plain text

If you want your answer, start with the plain text and I’m not sure it’s so complicated.
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Old 01-17-2021, 10:06 AM   #7
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Whats the end game for the dims here? Just to be vindictive. Thats already known!

But really aside from just keeping Trump from holding office again what else can happen?

Waste of time and money! More important and real things to do in Congress!
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Old 01-17-2021, 10:29 AM   #8
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Originally Posted by 1blackman1 View Post
Not because the answer isn’t already there but because lawyers will sue the house or senate alleging that the answer is something other than what’s in the plain text

If you want your answer, start with the plain text and I’m not sure it’s so complicated.

I guess a Leftist admitting we should look at the "plain text" as a way to interpret law is a good beginning.
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Old 01-18-2021, 09:03 AM   #9
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There’s this thing called the constitution,
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