Two questions about impeachment

[KelleyKramer]

Is it true, no president can pardon someone impeached and convicted by congress?

Can cabinet members or anyone other than the president and vp be impeached?

The Bush/Cheney gang have been operating under the assumption they all have get out of jail free cards (pardons).

If both those questions are true, we should go after 2nd and 3rd tier Bush criminals first, with no pardon, and facing serious jail time they very well might start singing like a bird.

[AndyTiedye]

1. Impeach Them and Then Send Them to the Hague

No pardons in the Hague.

[mmonk]

2. Anyone in office can be impeached.

Early on, it was mainly judges that were impeached.

[midnight]

18. I did not know that it was mainly judges that were impeached.

[MonkeyFunk]

3. the president can pardon

any criminal charges - he can't pardon the impeachment itself.

[Wizard777]

7. I disagree. "Cases" refers to the criminal charges.

and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Remember Impeachment is a process. The House serves as a Grand Jury. If they Indict (Impeach) the President. The Senate then tries the case of impeachment. They also serve as The Jury for the trial. If the President is convicted by the Senate. He must("shall")be removed from office.

[MonkeyFunk]

15. Nope

you're wrong.

[papapi]

4. They cannot be pardoned if impeached and convicted. That's why Nixon resigned....

so he could get the Gerald Ford pardon. If impeached and convicted bush/cheney and company could still be tried on criminal charges and possibly civil charges.

[KelleyKramer]

5. Can cabinet members be impeached?

They are not elected, but by the constitution they are subject to review and approval by the elected congress.

[Wizard777]

8. No the Chief Justice presiding over the trial would then sentence them.

To conduct another trial would be double jeopardy.

[KelleyKramer]

10. The Chief Justice

Wow, I'm having flashbacks to the Clinton ordeal.

When there is an impeachment, and the senate has the trial the CJ is the judge

You are saying if there is a conviction, the CJ gives the sentence?

Are there any rules for the sentence... Can the CJ give a sentence of 1 day?

[Wizard777]

11. The process has never gotten that far. But I would presume that's how it works.

He would have to follow sentencing guidelines. He couldn't sentence him to 1 day if the guideline for the crime says, Not less than 10 years. But not more more than 20 years.

[Wizard777]

12. I was wrong about that. He can go to trial with out it being double jeopardy.

[papapi]

16. That's what I said. Nixon got his pardon after resigning, before he was impeached, but.....

if impeached, they could still face criminal and civil charges.

[Thothmes]

14. United States Constitution Article I section 3 para 7

Judgement in cases of impeachment shall not extend further than to remoal from office, and disqualificvation 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.

All the impeachment judge can do is upon a finding of guilty of the charges, is order the individual removed from office. Anything else must be pursued in criminal courts at the federal or state level.

[Wizard777]

17. Yeah I had forgotten about that particular provision.

I think I'm getting like Kelly Bundy prepairing for a game show. "I'm full." Now everytime I learn a new fact. I forget an old one. :crazy:

[KelleyKramer]

21. Ahhhh, OK

I was starting to wonder if a rightwing CJ could do some kind of funny business with the verdict... after the 2000 election, I dont put anything past a rightwing hack holding ANY position of power.

[Thothmes]

13. The only sentence prescribed by the Constitution is

removal from office.

[ColbertWatcher]

20. Wait...

...doesn't jeopardy only exist only when the death penalty is a possible sentence?

[Wizard777]

6. True and "all officers of the United States"

[hokies4ever]

9. Before Cheney I thought that it was indisputable that the V.P. was part of the Executive Branch

They've got more tricks up their sleeves.

[H2O Man]

19. A great book

on this topic is John Nichols' "The Genius of Impeachment: The Founders' Cure for Royalism." I am sure that you would enjoy it.