(January 26, 2021 at 4:59 pm)BrianSoddingBoru4 Wrote:(January 26, 2021 at 4:36 pm)Brian37 Wrote: Today's vote on trial doesn't look good for conviction, even though the trial will take place in the Senate.
My question is, can the state or DC prosecutors still indict him and put him on trial? I say yes. Because we still are talking about independent government entities, and this trial in the Senate isn't a criminal charge that could put him in prison, but just a Statement of guilt and possible barring of holding public office again. I am not saying any criminal charge in a state case will happen, but just that the DOJ and Senate issue are separate types of trials.
I think what the assholes in the GOP Senate are trying to do is pull a fallacy so that if state prosecutor or DC prosecutor wanted to make charges against Trump, they can say, "He wasn't convicted by the Senate". This would be akin to OJ getting off then claiming you cant sue him in a civil court, which is what happened and OJ was found legally liable for Nicole and Ron's deaths.
I bet if a no name layperson incited others to attack a DC police officer, or make threats to a congressperson or the Vice President, that person would be charged by a court.
But regardless, it is fucking astounding that this isn't cut and dry for enough of the GOP. If Obama or Hillary had done the same the GOP would be calling for their heads.
Yes, he can be tried in other courts even after being acquitted by the Senate for the same offenses. The US Constitution is very clear on that:
Quote: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: but the Party convicted shall nevertheless be liable and subject to Indict ment, Trial, Judgment, and Punishment, according to Law.
No matter what crime a President commits while in office, the most a Senate conviction can do is to remove him and prevent him from holding office again. If Trump were to have walked onto the floor of the House and shot Nancy Pelosi between the eyes in front of 400 witnesses, the Senate couldn’t send him to prison for it. That’s why he’s subject to trial and conviction after leaving office.
Boru
That is my point. But when you read the "DOJ" recommendation, "you can't indict a sitting President". They were talking about criminal indictment which could land a a no name on trial and criminally responsible.
There is no way Trump is not criminally responsible for what he incited. The KKK back in the 70s and 80s had leaders not only civilly liable financially, but members and leaders were held criminally liable too.
The point of convicting him in the Senate is about sending a message to any politician, of any party that you cant let people in position of power get away with what is clearly what would be a slam dunk if a no name did the same.