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originally posted by: JadedGhost
I don’t understand though, people here keep claiming there was no insurrection. So why would Trump be trying to claim presidential immunity, if there was no insurrection in the first place?
originally posted by: Threadbarer
a reply to: Lazy88
Investigators have failed to show any kind of intent. Biden didn't pack the documents and there's no indication he even knew they were on his possession.
originally posted by: matafuchs
a reply to: JinMI
they wrote in their opinion that he is not held to the Double Jeopardy clause because of the impeachment which means...an impeachment means nothing?
These clowns are overstepping and just telling the same story with their latest 'opine'.
The federal prosecution of a former President fits the case
“[w]hen judicial action is needed to serve broad public
interests” in order to “vindicate the public interest in an
ongoing criminal prosecution.” Fitzgerald, 457 U.S. at 754.
The risks of chilling Presidential action or permitting meritless,
harassing prosecutions are unlikely, unsupported by history
and “too remote and shadowy to shape the course of justice.”
See Clark, 289 U.S. at 16. We therefore conclude that
functional policy considerations rooted in the structure of our
government do not immunize former Presidents from federal
criminal prosecution.
originally posted by: Threadbarer
a reply to: matafuchs
Congress is neither a law enforcement entity nor the judiciary. The only punishment Congress can mete out is removal from office, at which point the DOJ can choose whether or not to press charges. In Trump's case, Congress chose not to remove him from office as he was already out of office.
So why should double jeopardy come into play when he was never charged in a court of law on these crimes before?
originally posted by: Threadbarer
a reply to: Lazy88
What office did Trump hold in 2022?
originally posted by: Threadbarer
a reply to: JinMI
What statutes did Congress indict Trump for- violating?
originally posted by: Threadbarer
a reply to: JinMI
Congress is not a grand jury. They cannot indict someone. Trump was indicted on zero charges by Congress. Double jeopardy does not apply.
nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;
originally posted by: Threadbarer
a reply to: JinMI
You might want to actually look into how that clause has been interpreted by the courts over the years.
Where does the Constitution give Congress that responsibility?
They're trying him for alleged crimes