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Polybius

(15,333 posts)
Sat Dec 22, 2018, 03:33 PM Dec 2018

If a President is impeached but not convicted, can they repeat the process again?

Let's say this happens in 2019, and the Senate Republicans all vote "No" on conviction. Can we impeach again in 2020 (or, gasp, 2021 if he's re-elected), or would that be double jeopardy?

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If a President is impeached but not convicted, can they repeat the process again? (Original Post) Polybius Dec 2018 OP
Impeachment is a political process, not legal manor321 Dec 2018 #1
They can impeach every 10 minutes if they choose Sherman A1 Dec 2018 #2
Yes and I should add........ Takket Dec 2018 #3
5th Amendment sarisataka Dec 2018 #4
Also, the impeachment clause specifically states: NYC Liberal Dec 2018 #5
Even if we take back the Senate, it takes a 2/3 vote to get him out MiniMe Dec 2018 #6
 

manor321

(3,344 posts)
1. Impeachment is a political process, not legal
Sat Dec 22, 2018, 03:35 PM
Dec 2018

So I'd assume they could do it over and over. In practice, they'd probably come up with new charges to add, or new details for the same charges.

Sherman A1

(38,958 posts)
2. They can impeach every 10 minutes if they choose
Sat Dec 22, 2018, 03:39 PM
Dec 2018

as mentioned it is a political process and not a legal process so no double jeopardy applies.

Takket

(21,528 posts)
3. Yes and I should add........
Sat Dec 22, 2018, 03:41 PM
Dec 2018

That since it is not a court of law where the trial occurs, there is nothing stopping him from being tried and convicted by a Court of a crime later even if the Senate finds him "not guilty" now.

sarisataka

(18,479 posts)
4. 5th Amendment
Sat Dec 22, 2018, 03:45 PM
Dec 2018

...

nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb


While usually explained as a person may not be tried twice for the same offense, and the Constitution does indicate an impeached person is tried by the Senate, a conviction does not involve "jeopardy of life and limb". In fact it is clearly stated the punishment is only removal from office.

NYC Liberal

(20,135 posts)
5. Also, the impeachment clause specifically states:
Sat Dec 22, 2018, 04:08 PM
Dec 2018

“the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law”

which means the authors knew that a claim of double jeopardy might be made around impeachments, and specifically included language to prevent that.

MiniMe

(21,709 posts)
6. Even if we take back the Senate, it takes a 2/3 vote to get him out
Sat Dec 22, 2018, 05:42 PM
Dec 2018

I doubt we would take enough seats back.

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