Could the fate of the Senators who vote to convict President Trump be a “mansion in Hell”? Well, read on, bearing in mind that impeachment is the easy route to blocking Mr. Trump’s ability to make a comeback. Now that he’s out of office, after all, he could be put in the dock in ordinary criminal court for incitement of insurrection, same as the impeachment charge. An ordinary court would get the same result but is just harder.
The Democrats’ aim in impeachment is to disqualify Mr. Trump from further office. The Senate, according to the Constitution, can do that by a simple majority vote if it convicts him. Plus, too, conviction in the Senate requires only a two-thirds majority. The United States code — Title 18, section 2823 — is crystal clear that incitement of insurrection is a statutory crime and disqualification is part of the statutory punishments.
Here’s the language that a regular federal prosecutor could cite from the U.S. code: “Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”
Our guess is that a prosecutor could get a grand jury to indict Mr.
Trump on an incitement of insurrection charge faster than you could say
“ham sandwich.” Convicting him, though, could be more difficult than in
the Senate. For in court the jury has to be unanimous and the burden of
proof — “beyond a reasonable doubt” — is much higher than the burden
that the prosecution would have to meet in the Senate.............To Read More....
My Take - The fact is this is blatantly unconstitutional. the Congress has no authority to prosecute criminal activity, that's the responsibility of the Executive branch. If Trump committed a crime, then the executive branch should go after him, but as the article states, it would be hard to prove he committed any crime let alone incitement to riot, especially since so much is coming forward that radical leftists were behind the capitol riot.
An impeachment process in the Constitution is for one purpose and one purpose only: To remove a sitting government official, in this case the President of the United States. But he's been voted out of office, he can't be removed via impeachment because he's not there. The actions of the Democrat Congress is despicable and a disgrace, and nothing short of political persecution.
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