[EL] (no subject)

[Paul Lehto]

It would be quite ironic if a list of impeachment charges followed by
acquittal on any count(s) in the Senate ultimately were found to operate as
a de facto pardon of sorts as to the matters in the acquittals. By
Congress, no less.

The conclusion of an Office of Legal Counsel analysis of the effect of
possible Senate acquittal states as follows:

"We conclude that the Constitution permits a former President to be
criminally prosecuted for the same offenses for which he was impeached by
the House and acquitted by the Senate while in office. As the length of
this memorandum indicates, we think the question is more complicated than
it might first appear. *In particular, we think that there is a reasonable
argument that the Impeachment Judgment Clause should be read to bar
prosecutions following acquittal by the Senate and that disqualification
from federal office upon conviction by the Senate bears some of the markers
of criminal punishment*. Nonetheless, we think our conclusion accords with
the text of the Constitution, reflects the founders’ understanding of the
new process of impeachment they were creating, fits the Senate’s
understanding of its role as the impeachment tribunal, and makes for a
sensible and fair system of responding to the misdeeds of federal
officials."
https://www.justice.gov/file/19386/download

If you're going to shoot the king, don't miss. -- Nicolo Machiavelli

Paul Lehto, J.D.

On Thu, Jan 7, 2021, 12:16 PM Kenneth Mayer <krmayer at wisc.edu> wrote:

> William Blount.
>
>
> https://www.senate.gov/artandhistory/history/minute/The-First-Impeachment.htm
> U.S. Senate: The First Impeachment
> <https://www.senate.gov/artandhistory/history/minute/The-First-Impeachment.htm>
> A signer of the U.S. Constitution, William Blount became one of
> Tennessee's first two senators in 1796. A year later, on July 3, 1797,
> President John Adams notified Congress that his administration had
> uncovered a conspiracy, spelled out in an incriminating letter, involving
> several American citizens who had offered to assist Great Britain in an
> improbable scheme to take possession of the ...
> www.senate.gov
>
>
> Kenneth R. Mayer
> Professor of Political Science
> Affiliate Faculty, La Follette School of Public Affairs
> 110 North Hall/1050 Bascom Mall
> University of Wisconsin-Madison
> Madison, WI  53706
>
> צדק, צדק תרדוף
>
>
> ------------------------------
> *From:* Law-election <law-election-bounces at department-lists.uci.edu> on
> behalf of Pildes, Rick <rick.pildes at nyu.edu>
> *Sent:* Thursday, January 7, 2021 1:51 PM
> *To:* Election Law Listserv <law-election at uci.edu>
> *Subject:* [EL] (no subject)
>
>
> Has Congress ever impeached/convicted a federal official after they have
> left office?  They have the power to do so, in order then to disqualify
> them from holding future office.  But does anyone know if that has been
> done ever?
>
>
>
> Best,
>
> Rick
>
>
>
> Richard H. Pildes
>
> Sudler Family Professor of Constitutional Law
>
> NYU School of Law
>
> 347-886-6789
>
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> https://department-lists.uci.edu/mailman/listinfo/law-election
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