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rurallib

(62,421 posts)
Sun Jan 28, 2018, 09:41 PM Jan 2018

Could Repubs short circuit the impeachment process

by holding an "impeachment" in the House and vote it down before Dems could possibly take over the chamber? Then Dems were to try to bring up impeachment again, Repubs could invoke the double jeopardy clause and say that ship has sailed?

Or the House could bring charges, the senate fail to convict and then if Dems took over they could again invoke the double jeopardy clause?

This has been bugging me. I could easily see Repubs pulling a stunt like this after the election and before the new congress convenes.

I just had to get that question out of my system. I hope somebody knows or can BS their way through a good answer.

11 replies = new reply since forum marked as read
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Could Repubs short circuit the impeachment process (Original Post) rurallib Jan 2018 OP
No such thing as double jeopardy regarding impeachment unblock Jan 2018 #1
thank you, thank you, thank you rurallib Jan 2018 #4
There's no "double jeopardy" for impeachment. n/t PoliticAverse Jan 2018 #2
thank you! rurallib Jan 2018 #5
thats not even the most problematic issue. drray23 Jan 2018 #3
yes , true. rurallib Jan 2018 #6
Which means even if we clobber them in November, we still need quite a few republicans. unblock Jan 2018 #7
"Well, Pilgrim Turbineguy Jan 2018 #8
But a jury of citizens can convict a criminal.... pbmus Jan 2018 #9
Not if we work to remove them from office in massive numbers. Blue_true Jan 2018 #10
Double jeopardy is a facet of the criminal justice system. lastlib Jan 2018 #11

unblock

(52,249 posts)
1. No such thing as double jeopardy regarding impeachment
Sun Jan 28, 2018, 09:42 PM
Jan 2018

It’s a political solution, not a judicial one.

Even if there was such a thing as double jeopardy for impeachment, we could simply find different charges.

rurallib

(62,421 posts)
4. thank you, thank you, thank you
Sun Jan 28, 2018, 09:44 PM
Jan 2018

thank you.

This crawled into my brain last night and I couldn't have any peace until I got an answer!

drray23

(7,633 posts)
3. thats not even the most problematic issue.
Sun Jan 28, 2018, 09:44 PM
Jan 2018

Even if we manage to impeach him, the senate still has to convict and 67 votes are needed (2/3 +1)

Turbineguy

(37,341 posts)
8. "Well, Pilgrim
Sun Jan 28, 2018, 09:47 PM
Jan 2018

we're just gonna hafta make sure we elect 67 Senators!"

(I walked like John Wayne after my cycling class this morning)

Blue_true

(31,261 posts)
10. Not if we work to remove them from office in massive numbers.
Sun Jan 28, 2018, 10:05 PM
Jan 2018

We need to focus on what we can control.

lastlib

(23,244 posts)
11. Double jeopardy is a facet of the criminal justice system.
Sun Jan 28, 2018, 10:25 PM
Jan 2018

Impeachment is a POLITICAL function of the POLITICAL branches of government. "Impeachable offenses" are whatever the prevailing powers in the political branches SAY they are. I would therefore gainsay that an act deemed "unimpeachable" by Congress (dominated by one party) in one session could very well be deemed "impeachable" by a Congress dominated by a different party in another session. There is really no constitutional limit on the power of Congress w/r/t impeachment, except that the only penalty they can impose is removal from office and forfeiture of the right to hold other offices. Art. I, Sec. 3 holds open the possibility that the impeached person may be tried, convicted and punished in criminal proceedings--this tells me that there is a definite differentiation between the POLITICAL action of impeachment/removal and the CRIMINAL prosecution of the person accused.

Of course, I COULD be wrong.......

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