Friday, May 31, 2019

What does the Constitution say about Presidents being Charged?

  Did I miss at least a little on yesterday's blog? I laid it all on a Watergate-era memo -- this thought that we cannot investigate Trump because he is a sitting president. In fact, this "policy" has some basis in the Constitution.
   I do not say the Constitution says a president cannot be charged with breaking the law. I don't believe it does. But, it does say that when the Senate holds impeachment proceedings, it will only decide on removal from office, not on any other punishment.
   I don't believe the courts have made a ruling on what the Constitution says, and it is not clear what the Constitution is suggesting.
   "Judgment in Cases of Impeachment shall not extend further than removal from Office, and disqualification to hold and enjoy and Office of honor, Trust or Profit under the United States, but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."
   If you just go by what the Constitution says, and don't read anything into it, it simply says in impeachment, you can remove him or her from office and prevent him or her from holding any other office, but "the party convicted" is still subject to having charges pressed against him (or her), and subject to the legal process that follows.
   It doesn't say the police can't investigate you for a crime; It doesn't say you can't be charged.
   Or, does it? "The party convicted" does have at least some implication that you have to wait for after the impeachment before any charges are brought against you.


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