Thursday, January 17, 2019

History in the Making

   We are watching one of the most momentous eras in American history, as the current president of the United States lurches toward impeachment and likely conviction and removal from office, an event that has never happened.
   In the past, two presidents -- Andrew Johnson and Bill Clinton -- were impeached,  but neither was convicted, much less removed from office.
   A third, Richard Nixon, resigned as president before the full House of Representatives could vote on articles of impeachment approved by a  congressional committee.
   Meanwhile, we hear allies of the current president defend him by saying "no evidence" of wrongdoing "has been publicly revealed."
   Note the word "publicly." That doesn't mean no evidence exists, though that's what they would like you to believe. It only means that evidence of wrongdoing has not been made public.
   Yet.
   Such evidence may well exist,  and is in the possession of an investigating branch of the Department of Justice.
   Now the question is, when will such evidence of wrongdoing -- assuming it does exist -- be revealed.
   Most likely answer: When the recently extended grand jury issues an indictment based on evidence presented by special counsel Robert Mueller and his team of investigators.
   Unless, of course, the president's newly appointed attorney general buries any report prepared by the special counsel and ignores a grand jury indictment.
   
   As other high officials have pointed out, no one is above the law, and no one -- not even a president -- is immune from prosecution. It has been Department of Justice policy not to prosecute a president while in office. After he leaves office is another matter.
   Note, moreover, that this stipulation is a matter of policy, not law. In fact, the Constitution stipulates that a president could still face prosecution under the law even after he is impeached, convicted and removed from office.
   Why? Because double jeopardy does not apply. Impeachment is not a criminal nor a civil procedure, but administrative.
   Specifically the Constitution states, in Article 3, Paragraph 7, that "the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law."
   Unless, of course, a new president issues a pardon for any and all offences that may have been perpetrated by the alleged offender. That's what Jerry Ford did for Richard Nixon.
   Still, there is the issue of possible offenses under state laws, since a president can only issue pardons for federal offenses.
   We live in an interesting time.

No comments:

Post a Comment