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captain queeg

(10,171 posts)
Sun Mar 17, 2019, 12:21 PM Mar 2019

Is there some kind of "double jeopardy" clause for impeachment?

If Trump was impeached by the House and not convicted by the Senate would that preclude him being charged again? Or maybe limit what charges ciould be used the second time?

12 replies = new reply since forum marked as read
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Is there some kind of "double jeopardy" clause for impeachment? (Original Post) captain queeg Mar 2019 OP
No Lochloosa Mar 2019 #1
No. still_one Mar 2019 #2
Nope. shanny Mar 2019 #3
Playing with fire with that suggestion DFW Mar 2019 #4
I don't believe it was a suggestion but rather a question. Sherman A1 Mar 2019 #6
I realize it's technically possible. Just not adviseable. DFW Mar 2019 #8
I agree that it is not particularly advisable to do it more than once Sherman A1 Mar 2019 #10
No Sherman A1 Mar 2019 #5
No. But practically speaking we only have one shot at it emulatorloo Mar 2019 #7
+ struggle4progress Mar 2019 #9
I can't think of any customerserviceguy Mar 2019 #11
If you mean charged by the Feds or a State I'd guess no. bitterross Mar 2019 #12

DFW

(54,349 posts)
4. Playing with fire with that suggestion
Sun Mar 17, 2019, 12:29 PM
Mar 2019

Say we do it, and then somewhere down the road we get another Republican House Speaker in the mold of Gingrich. A democratic President might find his or her whole term in office taken up with fighting off impeachments from the House, who would use our precedent of impeaching and re-impeaching as an excuse. Benghazi impeachment didn't work? OK, here comes email impeachment. Email impeachment didn't work? OK, a fictitious (they don't care, they're Republicans) Vince Foster cover up impeachment. And on and on and on.

Sherman A1

(38,958 posts)
6. I don't believe it was a suggestion but rather a question.
Sun Mar 17, 2019, 12:35 PM
Mar 2019

The possibility of impeachment and doing it again and again already exist so it really isn't anything that should be a surprise to anyone of any party.

DFW

(54,349 posts)
8. I realize it's technically possible. Just not adviseable.
Sun Mar 17, 2019, 12:37 PM
Mar 2019

On the other hand, let's just say I'm glad Mitch McConnell didn't have a twin brother as speaker of the House during OPbama's presidency.

Sherman A1

(38,958 posts)
10. I agree that it is not particularly advisable to do it more than once
Sun Mar 17, 2019, 12:42 PM
Mar 2019

and I believe that to be the case even under the most egregious acts by a sitting President. The very act is exceptionally divisive and not to be taken lightly under any circumstances. It may very well be necessary, but it comes with a high political cost and great difficulty to the national fabric.

Yet the OP was just asking a question.

Sherman A1

(38,958 posts)
5. No
Sun Mar 17, 2019, 12:32 PM
Mar 2019

There is no such clause and The US Constitution is available online with just a google search.

It makes interesting reading.

customerserviceguy

(25,183 posts)
11. I can't think of any
Sun Mar 17, 2019, 12:44 PM
Mar 2019

Of course, using the same charges over again is probably not going to work, unless there is a total takeover of the Senate by the Democratic Party. It could well be argued that a GOP vote to acquit is the reason for the big turnover in seats in the upper chamber. Articles of impeachment would probably need to be re-filed, after the full House votes on them again.

 

bitterross

(4,066 posts)
12. If you mean charged by the Feds or a State I'd guess no.
Sun Mar 17, 2019, 01:06 PM
Mar 2019

Everyone here seems to have answered could he be impeached multiple times. That's not how I read you question. They've given good answers to that question.

As for if a state or the federal government could charge him with the same offenses I'd say that it completely possible. Articles of impeachment are not the same as a grand jury indictment. Articles of impeachment can include things that are not necessarily offenses against a specific law. To the extent that any charge in an article of impeachment is the same as an offense with respect to a specific state or federal statute I see no reason why he cannot be charged again with that same offense. There would be two different jurisdictions involved. Just as there are now if person is charged with a federal drug crime as well as a state crime.

Just my guess. The question would certainly be decided by the courts and go to SCOTUS.

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