HF you are wrong. You wrote all that and continue to be wrong.
The meaning of your clause you wonder about is pretty simple. It limits what can be done to a person to removal of office and preclusion from attaining another office. It means they can criminalize the behavior or jail someone. It limits the punishments to political punishment only.
No, the purpose of questing the clause is whether or not you must meet the first test of conviction before you can meet the second, disqualification. This was confirmed to me by an article in the morning paper and a well respected lawyer on Fox News both saying that without conviction, they can't disqualify. I think they are wrong and that is the point I was making. There is debate on whether you can disqualify without conviction.
You other question of the SC involvement I have doubts. The political question doctrine would likely be invoked and the court would deny justifiability.
And that is what we will find out after acquittal. If the Democrats fail to invoke section 3 of the 14th Amendment, saying it only takes a simple majority to disqualify a President that in the opinion of the majority was involved in an insurrection. If the Democrats fail to do this, they will have decided that invoking that clause would not pass legal muster even though some very big named Constitutional scholars suggest they can and could be successful.
Again this is a political process and the fact that the DoJ or state can bring charges is irrelevant to the political process so without the ability to have a political impeachment and trial there would be no political punishment if the person resigns or their term expires. You’re too caught up with other processes. There are actions a president (for instance) can do that might not be statutorily illegal but surely unconstitutional and impeachable.
If it were un-Constitutional, it would be a crime.
There still will be no political punishment just like the last time because he will be acquitted, unless the 14th amendment question comes into play. We know this because 44 Senators have already stated that the trial is un-Constitutional and all the evidence in the world isn't going to change the fact that they find the trial un-Constitutonal. It's comparable to a jury having all the evidence needed to convict but are told that some of the evidence that is indeed true and damning, was gained without a warrant and therefore can not be used and will result in an acquittal even though everybody has seen the evidence of guilt.
What if a president knowing he’s likely to lose his race activates, for national security purposes, the military and blocks roads in and around swing districts in select congressional races to negatively affect voting to ensure a Democrat house or senate.
I don't know whether you had "Bridgegate" in mind when you chose that scenario but that question has already been answered.
https://www.cnn.com/2020/05/07/polit...ion/index.html
Is that prosecutable. Maybe but I can’t think of a statute it violates.
Neither could the SC.
Is it an unconstitutuonal abuse of power and likely a high crime or misdemeanor, I suspect so since he’s using the power of his office to manipulate the election but not for his personal benefit. Under your logic there is no recourse for his actions. Can’t be prosecuted and if he loses his election he can’t be impeached and tried. If he could resign and their would be no political cost except at the next election. In or her words the ability to remove from office and preclude further office would have no meaning at all. Originally Posted by 1blackman1
So what you are saying is, you would be upset if your side lost in an impeachment vote and couldn't get the conviction you want in a civilian trial. That's the way it goes sometimes like the first impeachment. Impeachment does not guarantee a political punishment but he could be impeached and you are correct that if it wasn't a federal crime, then he does escape punishment. Big deal. You had your shot at impeachment and lost.
It's like complaining about double jeopardy. Is it "fair" that after losing in court with an acquittal, you come up with indisputable proof of guilt but can't go to trial again? Shit happens, it doesn't always work but it is the system we have and if a President gets away with something not a federal crime but something less than 67 Senators find upsetting, so be it.