North Flynn Bay Bridge Toll Plaza, CHP, Palo Alto discussed on Hugh Hewitt


I wanted to ask your thoughts on the impeachment proceedings of this week and whether or not It is constitutional for the Senate to try a president who has left office. Well, there's so first of all these arguments on both sides, and they're pretty ably made in the Washington Post lately in a And the article You sent me my my clue. Big, great. The great retired judge. And another by Laurence Tribe. And, uh, First I'll tell you what I think. And I'll tell you the arguments. What I think is Impeachment is a special process, especially as regards the chief executive because there's a problem to solve. In Britain that forever the sovereign was the King and the chief executive. And there wasn't really any method to remove him. They, You know, in the in Charles the first they cut off head, but they weren't really ever able to establish a British law that would let them do that. Um, And that's because Executive is in charge of prosecutions. How do you prosecute the executive? And it's sensitive because anyway, you prosecute him. Anybody who has the power to prosecute him could conceivably take over the executive. In our country. The executive is elected and that would mean toward in the well of people. So they did a brilliant thing they contrived. They contrived that the two political branches would take on a somewhat judicial function. And one would accuse him and the prosecute him and the other would try him. That would mean then that there would have to be a sort of consensus in the nation. The political forces in the nation, and it would also, however, operate under some rules of law. They would present evidence and have cross examination. So that's what they did. And that's Ah. That's where two really well Uh, the point is, What about Private citizen, which is what Donald Trump will be in a few days. And So I the reason I think a private citizen cannot be prosecuted is because if you read, you know, they're six mentions of impeachment in the Constitution and Is it to have Marin? If, after the Three M. Marin articles one and the two of them are an article to and what I'm is an Article three. So the dimensions the second one is the most interesting one. Senate shall have the sole power to try impeachments. Uh, Judgment in cases of impeachment shall not extend further than two removal from office. And the conjunction Disqualified disqualification to hold and enjoy any Office of honor trust or profit under the United States.

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