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A question I'd like constitutional scholars to address is whether a senator sitting as a juror in an impeachment trial can decide that the standard of proof for conviction is different from that for disqualification from future candidacy and vote for the latter but not the former
As I read Article I, Section 3, the utmost punishment the United States Senate can impose following an impeachment trial is either or both of removal from office and disqualification from future candidacy. It's not clear in the text itself that the two punishments are conjoined.
Of course constitutional scholars will have done substantial research on this subject, and will know the case law on the question—particularly how the Supreme Court has interpreted the punctuation here, which makes it unclear if the possible punishments are conjoined or discrete.
The fact that the votes are separate makes it seem the deliberations are separate, and the fact that senators are permitted to develop their own standard of proof in deliberations would suggest they can set that standard anywhere they like for either potential penalty. @tribelaw
The voice I most want to hear from on this is Prof. Tribe—the most learned constitutional scholar of our time. I think the question matters because it could give Republicans who don't want to find that Trump incited insurrection but believe he must be banned from politics an out.
James offers us some help on this. Perhaps @neal_katyal, another great attorney, will confirm. https://twitter.com/jdstripes/status/1348358219521933313?s=19
The reason this is a key question here is that the distinction for senators won't be between "conviction and removal" and "disbarment," but "conviction" and "disbarment."
On the facts before us, conviction is in the nature of a criminal finding, and disbarment a *civil* finding.
On the facts before us, conviction is in the nature of a criminal finding, and disbarment a *civil* finding.
As I know the facts before us are confusing, let me clarify:
(1) A Senate trial will take place—alas—post-1/20.
(2) Democrats will be in charge.
(3) "Removal" will be moot.
(4) The question is if a GOP senator can vote to "disbar" but not "convict."
(5) This is a novel scenario.
(1) A Senate trial will take place—alas—post-1/20.
(2) Democrats will be in charge.
(3) "Removal" will be moot.
(4) The question is if a GOP senator can vote to "disbar" but not "convict."
(5) This is a novel scenario.
