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Stallion

(6,476 posts)
Fri Jan 8, 2021, 02:35 PM Jan 2021

Here's a Legal Question: Can New Senate Convict Based Upon Impeachment of Outgoing House

generally a grand jury, for example, has limited duration and investigations by prior grand jury can't be used by succeeding grand jury

there are similar concerns with legislative terms and judicial terms

the incoming Senate might require additional time to convict Trump even after his term is over so that he can be sanctioned by disqualification from holding future office. Would a writ of impeachment need to be reissued by the new House

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Here's a Legal Question: Can New Senate Convict Based Upon Impeachment of Outgoing House (Original Post) Stallion Jan 2021 OP
This message was self-deleted by its author tinrobot Jan 2021 #1
The House and Senate both came in at the same time StarfishSaver Jan 2021 #2
I Forgot They've all been Sworn in I Believe-still an interesting question Stallion Jan 2021 #3
The more interesting question is can you impeach someone already out of office? tinrobot Jan 2021 #5
Yes, you can SCantiGOP Jan 2021 #8
... William769 Jan 2021 #10
I don't know. But Trump may yet resign. Pence Demsrule86 Jan 2021 #4
Pence still hopes for a 2024 path to nomination SCantiGOP Jan 2021 #9
I don't think so. Demsrule86 Jan 2021 #11
Yes Dem4Life1102 Jan 2021 #6
That's an interesting but non relevant question SunStar Jan 2021 #7
You pose a very interesting question..and on further research I asiliveandbreathe Jan 2021 #12

Response to Stallion (Original post)

 

StarfishSaver

(18,486 posts)
2. The House and Senate both came in at the same time
Fri Jan 8, 2021, 02:37 PM
Jan 2021

The 117th Congress was seated on January 6.

If the House impeaches, the Senate can take it up because it will all be part of the same session of the same Congress.

Stallion

(6,476 posts)
3. I Forgot They've all been Sworn in I Believe-still an interesting question
Fri Jan 8, 2021, 02:37 PM
Jan 2021

that could be affected by a change in composition of Congress

tinrobot

(10,916 posts)
5. The more interesting question is can you impeach someone already out of office?
Fri Jan 8, 2021, 02:38 PM
Jan 2021

Perhaps it has been answered, but haven't seen it.

SCantiGOP

(13,873 posts)
8. Yes, you can
Fri Jan 8, 2021, 02:44 PM
Jan 2021

Has been done a few times in the past.
Every case I’ve heard of were federal judges who resigned, and it was later determined that they had committed serious crimes, like taking bribes.
Impeaching them meant that they could never again hold federal office, but it was also meant as a symbolic statement.

SunStar

(66 posts)
7. That's an interesting but non relevant question
Fri Jan 8, 2021, 02:39 PM
Jan 2021

The current House term ends on January 3, 2023.

That's also the next normal time for seating Senators.

This won't take 2 years.

asiliveandbreathe

(8,203 posts)
12. You pose a very interesting question..and on further research I
Fri Jan 8, 2021, 03:09 PM
Jan 2021

found this very subject being debated in an article at Just Security..

https://www.justsecurity.org/74107/the-constitutions-option-for-impeachment-after-a-president-leaves-office/

Once they leave office and return to their private lives, they are still ex-presidents and former officials who may have committed impeachable offenses in office. A core principle of the Constitution is that no one, not even the president, is above the law, and an abuse of power, by definition, is a violation of the Constitution, the supreme law of the land. What’s more, the special penalties upon conviction in impeachment are designed to protect the republic from the very type of people who have abused public office in such a grave manner that they should never have the opportunity to be entrusted with public power again.


Interesting read..
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