Quote from: nutildah on October 17, 2019, 09:42:36 AM

Quote from: TECSHARE on October 17, 2019, 06:55:33 AM

Quote from: nutildah on October 12, 2019, 10:17:34 AM

Wow, you just got proven wrong and then you called the person who proved you wrong "Captain Obvious."

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The Nixon impeachment was based upon the criminal Watergate incident, so yes, it was a criminal proceeding.

Wrong. An impeachment isn't a criminal proceeding. You were wrong, now admit it.

Hey look at this tidbit I found in The Constitution of the United States of America.

"An Indictable Crime

The second view is that the Constitutional standard makes it necessary for a President to have committed an indictable crime in order to be subject to impeachment and removal from office. This view was adopted by many Republicans during the impeachment investigation of President Richard M. Nixon. The proponents of this view point to the tone of the language of Article II § 4 itself, which seems to be speaking in criminal law terms.

There are other places in the Constitution which seem to support this interpretation, as well. For example, Article III § 2 (3) provides that "the trial of all crimes, except in cases of impeachment, shall be by jury." Clearly the implication of this sentence from the Constitution is that impeachment is being treated as a criminal offense, ergo, impeachment requires a criminal offense to have been committed.

Article II § 2 (1) authorizes the President to grant pardons "for offenses against the United States, except in cases of impeachment." This sentence implies that the Framers must have thought impeachment, and the acts which would support impeachment, to be criminal in nature."

https://litigation.findlaw.com/legal-system/presidential-impeachment-the-legal-standard-and-procedure.html

You are wrong. Are you going to admit it Nutilduhh?

Hi Techole:

You are looking at one of several interpretations of the constitution. The main reason why an impeachment cannot be a criminal proceeding is because it is being determined by the house of representatives and not a judge, or as pointed out in your quotations, a jury.

According to this particular interpretation, an impeachment is being treated as a criminal offense; that does not necessarily imply that it is a criminal offense.

Later, your article entertains a completely opposite interpretation:

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The fourth view is that an indictable crime is not required, but that the impeachable act or acts done by the President must in some way relate to his official duties. The bad act may or may not be a crime but it would be more serious than simply "maladministration." This view is buttressed in part by an analysis of the entire phrase "high crimes or misdemeanors" which seems to be a term of art speaking to a political connection for the bad act or acts. In order to impeach it would not be necessary for the act to be a crime, but not all crimes would be impeachable offenses.

Here's a recent article by the WSJ to help you understand why you are wrong, because obviously you don't understand why yet:

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Whats the difference between impeachment and a criminal trial?

The impeachment process provides a way to remove an officeholder through a majority vote in the House of Representatives followed by a trial in the Senate. Two-thirds of the Senate must vote to convict to remove an officeholder. Because impeachment is handled by Congress, it is more of a political process than a legal proceeding.

A criminal trial, by contrast, is held in local, state or federal court to determine whether an individual violated criminal law. Defendants in criminal trials must be granted due process of law, access to an attorney, the right to confront their accusers, and the right to a trial by jury, according to the Constitution.

A conviction in a criminal trial can deprive someone of their freedomor even their life in a capital case. The only possible punishment resulting from conviction in an impeachment trial is removal from office.

That's funny he's back to insisting an impeachment is a criminal proceeding after insisting he never said impeachment was a criminal proceeding. Even though did say that, multiple times.

Here's another good one from Constitution:

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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.