Anonymous ID: 38fe46 Aug. 25, 2023, 11:18 a.m. No.19429111   🗄️.is 🔗kun

Double jeopardy does not attach to impeachment

 

For those claiming that Smith's/Willis's indictments are unconstitutional because Trump was already tried in the Senate.

 

sauce: https://uscode.house.gov/static/constitution.pdf

 

Article 1/section 3/paragraph 7 of the US Constitution:

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 Indictment, Trial, Judg-

ment and Punishment, according to Law.

 

I am of the opinion that these trials are what is sought in any case. Smith has made it a matter of law (as has Willis) what Trump believes. As such all the evidence of election fraud becomes admissible as that is what his belief is based upon. Additionally since Willis invoked RICO it makes it a case not only of what Trump knew/believed as of Jan 6 but also everything that has come to light since then.

 

The upcoming campaign season will be as much in a court of law as the court of public opinion.

 

I am not a lawfag, so take the above for what it is worth.

 

And while I am pontificating:

Article 6/paragraph 2:

This Constitution, and the Laws of the

United States which shall be made in Pursuance

thereof; and all Treaties made, or which shall be made, under the Authority of the United States,

shall be the supreme Law of the Land; and the

Judges in every State shall be bound thereby,

any Thing in the Constitution or Laws of any

State to the Contrary notwithstanding.

 

I think this establishes a ranking of sources, i.e. 1) Constitution, 2) Federal Law, 3)Treaties. If so now treaty can (legally) override either the Constitution or federal law. All the case law I can find deals with treaties vs. state laws, and treaties vs. the Constitution