Impeachment question

[garybeck]

Now that he's no longer president, could trump be tried as a regular citizen in a regular court, like the other capitol rioters, for things he did as president? and if so, would that be a better course of action than holding impeachment hearings now that he's already gone?

Let's say they don't have enough votes in the Senate to convict, would he then be protected by double jeopardy from facing a regular trail in court on similar charges?

I mean, inciting a riot is against the law. It doesn't matter if you're president or not.

Would it be better to try him by a regular judge and a jury of his peers, rather than partisan senators with an agenda?

In a regular court, he would face real penalties like jail, like everyone else. In an impeachment trial all they can do is remove him from office (no affect at this point) and prevent him from serving again (yes that would probably be worth it).

I'm just wondering if Congress is really the best place for this trial to take place. It's nice the Ds are in control but the question remains as to whether or not there are any Rs with brains, morals, and spines to convict him. Perhaps there is a better chance at justice with a real jury.

[StarfishSaver]

1. Yes, he can be charged with a crime, like any other citizen, now that he's no longer president

That's completely separate from the impeachment process. This is a both/and situation, not either/or

[garybeck]

2. what about double jeopardy?

if he is acquitted for inciting insurrection by the Senate, wouldn't that mean he can't be charged for the same crime a 2nd time?

[StarfishSaver]

4. Double jeopardy doesn't apply because the impeachment process isn't a criminal proceeding

Good question!

[LeftInTX]

7. Thanks..I was wondering about this too!

[SunStar]

6. Impeachment is not a criminal matter

It is a political one.
Double jeopardy only applies to criminal matters.

[euphorb]

8. So my comment (No. 5) below.

[mtnsnake]

3. Yes, and I think the authorities in GA and DC have already said they plan to look into

charging him with the crimes he committed in those two places while he was pResident.

[euphorb]

5. Double jeopardy does not attach to conviction in an impeachment trial.

The impeachment process is about fitness to hold office, not about criminal liability. The Constitution makes this clear. From Article 1: "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, Judgment and Punishment, according to Law."

[StarfishSaver]

9. ...

[bucolic_frolic]

10. In this case, impeachment is more about labeling the GOP Senators than about conviction

Disqualification is really what Democrats are after. Which Republican Senators would like to condone the Trump Insurrection? Please step forward.