-Caveat Lector-
On Sun, 10 Jan 1999 [EMAIL PROTECTED] wrote:
>There are several things that I am now confused on. Yes, circumstantial
>evidence seems to indicate that Clinton should be investigated for treason.
>However, the "trial" that is now taking place in the Senate does not include
>that charge. I don't understand how evidence of a crime not a part of the
>original indictment could be brought,
It shouldn't == UNLESS a witness lets 'something slip'...then that
witness's testimony becomes part of the record...and as I pointed out in
a prior post, the only thing the SENATE can do, no matter HOW many
charges are levied against the president or their severity, is to vote to
remove him from office...
But...if Monica Lewinsky is called to testify, and happens to mention
that Clinton was snorting coke on a couple of occasions during their
trysts...or that she overheard a conversation between Bill and a Chinese
bigwig where Bill promised state secrets in exchange for sizeable
donations...if Linda Tripp lets out something regarding Ron Brown...if
Kathleen Willey mentions something about Vince Foster...
Well, you get the picture...suddenly, the Senate has testimony which, in
theory, they could use to request ADDITIONAL witnesses to provide
corraborating testimony and perhaps evidence of these allegations...
Again, the most they can do is vote to remove Clinton...but if they get
any of this additional stuff testified on, it lays the groundwork for
possible criminal proceedings against Clinton after he is removed from
office...and perhaps possible criminal proceedings against some other
important personages, too...
>unless that evidence was in support also
>of the crimes being charged, ie perjury and obstruction. Should such evidence
>be admitted,
The Senate trial can admit anything they please, since it isn't a
criminal trial...they could decide to listen to testimony that Clinton
didn't get a required license for his dog Buddy, if they wanted to...
but when it comes to the final vote, they'd only be able to vote on the
actual charges, e.g. perjury and obstruction of justice...
But that's not to say the D.C. dogwarden couldn't then turn around and
slap the Clinton's with a fine for not licensing their dog...
>I would think that it would lead to a separate indictment, either
>other articles of impeachment or indictment in criminal court.
Exactly. It'd be highly unlikely that they'd try to draw up additional
articles of impeachment, the practical route would be that if damning
evidence of something like treason gets introduced into the Senate trial,
Clinton's Democratic supporters in the Senate would be hard pressed to
keep defending him, and will probably swing towards voting to remove him
from office on the perjury and obstruction of justice charges...and let
the other stuff be brought up in a possible criminal indictment
afterwards...
According to the Constitution, a president can not be criminally indicted
until after he is out of office, either via the natural ending of his
term, or via impeachment...
>By the way,
>does anyone know if the concept of double jeopardy applies to impeachment?
Probably it doesn't, since it isn't a CRIMINAL proceeding...
>Could the President be impeached twice?
There is nothing in the Constitution to preclude it...but in practice, it
would be highly unlikely to happen, to Clinton or any OTHER president...
>The Constitution says something like, ...not to exceed removal from office.
>This would indicate that the Senate could do any number of things as
>punishment but leave him in office.
"Says something like"??? In cases like this, one should make it a point
to find out the EXACT wording....
"The Senate shall have the sole Power to try all
Impeachments. When sitting for that Purpose, they
shall be on Oath of Affirmation. When the President
of the United States is tried, the Chief Justice shall
preside. And no Person shall be convicted without the
Concurrance of two thirds of the Members present.
"Judgement 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, Judgement and Punishment,
according to Law."
-- The U.S. Constitution
Article I, Section 3
>See above. However, when the Articles arrived at the Senate they contained the
>wording, "and removal from office." Are you saying that since the Articles
>contain this wording this precludes any other action by the Senate? I might
>not be up to date on this little wrinkle.
The Senate could decide to put a dunce cap on Clinton and make him sit in
the corner...but it's highly unlikely...especially if even more damning
stuff comes out in the trial, the Senate would be hardpressed to do
anything but to agree to remove him from office based on the charges sent
to them...
>Starr has supposedly agreed not to pursue a criminal trial if there is a
>censure agreement.
So they appoint another independent prosecutor...
It's highly unlikely that if evidence of something like TREASON comes out
in the Senate trial, that the matter would just be dropped if Clinton's
removed from office...
>Do you think that they could effectively appoint another
>special prosecuter against Clinton?
On something like treason? Sure.
June
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