Sen. Bob Menendez (D-NJ) has been INDICTED by the UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK, for alleged criminal Acts - accepting bribes as a Senator of the United States, and illegally acting as a foreign agent, on behalf of Egypt and Qatar – which violate his office of public trust. His trial begins today 9/15/2024 in the UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
In fact, the UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK has no prosecutorial jurisdiction over Senator Menendez because the due process procedure agreed upon in our Constitution to try a federal officer who is accused of criminal conduct affecting his office of public trust, was intentionally placed in the Senate’s hands and not a federal district court, unless being first convicted by the Senate.
Hamilton confirms the above in Federalist 65:
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"Where else than in the Senate could have been found a tribunal sufficiently dignified, or sufficiently independent? What other body would be likely to feel CONFIDENCE ENOUGH IN ITS OWN SITUATION, to preserve, unawed and uninfluenced, the necessary impartiality between an INDIVIDUAL accused, and the REPRESENTATIVES OF THE PEOPLE, HIS ACCUSERS?
Could the Supreme Court have been relied upon as answering this description? It is much to be doubted, whether the members of that tribunal would at all times be endowed with so eminent a portion of fortitude, as would be called for in the execution of so difficult a task; and it is still more to be doubted, whether they would possess the degree of credit and authority, which might, on certain occasions, be indispensable towards reconciling the people to a decision that should happen to clash with an accusation brought by their immediate representatives… .
. . . These considerations seem alone sufficient to authorize a conclusion, that the Supreme Court would have been an improper substitute for the Senate, as a court of impeachments."
.
Some provisions of our Constitution relevant to the due process to be afforded to those holding an office of public trust and are charged with violating that trust are:
Article I, Section 2, Clause 5:
“The House of Representatives . . . shall have the sole Power of Impeachment.”
Article I; Section 3, Clause, 6:
“The Senate shall have the sole power to try all Impeachments. When sitting for that Purpose, they shall be in Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the Members present.”
Article I; Section 3, Clause, 7:
”Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."
If a Senator is found guilty by the Senate of violating his office of public trust, then, and only then, is the door opened for that Senator to be … liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."
Why are so many determined to subvert the due process procedure agreed upon in our Constitution, to deal with a federal office holder who is accused of criminal acts which violate their office of public trust?
JWK
Those who reject abiding by the text of our Constitution, and the intentions and beliefs under which it was agree to, as documented from historical records _ its framing and ratification debates which give context to its text _ wish to remove the anchor and rudder of our constitutional system so they may then be free to “interpret” the Constitution to mean whatever they wish it to mean.
In fact, the UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK has no prosecutorial jurisdiction over Senator Menendez because the due process procedure agreed upon in our Constitution to try a federal officer who is accused of criminal conduct affecting his office of public trust, was intentionally placed in the Senate’s hands and not a federal district court, unless being first convicted by the Senate.
Hamilton confirms the above in Federalist 65:
.
"Where else than in the Senate could have been found a tribunal sufficiently dignified, or sufficiently independent? What other body would be likely to feel CONFIDENCE ENOUGH IN ITS OWN SITUATION, to preserve, unawed and uninfluenced, the necessary impartiality between an INDIVIDUAL accused, and the REPRESENTATIVES OF THE PEOPLE, HIS ACCUSERS?
Could the Supreme Court have been relied upon as answering this description? It is much to be doubted, whether the members of that tribunal would at all times be endowed with so eminent a portion of fortitude, as would be called for in the execution of so difficult a task; and it is still more to be doubted, whether they would possess the degree of credit and authority, which might, on certain occasions, be indispensable towards reconciling the people to a decision that should happen to clash with an accusation brought by their immediate representatives… .
. . . These considerations seem alone sufficient to authorize a conclusion, that the Supreme Court would have been an improper substitute for the Senate, as a court of impeachments."
.
Some provisions of our Constitution relevant to the due process to be afforded to those holding an office of public trust and are charged with violating that trust are:
Article I, Section 2, Clause 5:
“The House of Representatives . . . shall have the sole Power of Impeachment.”
Article I; Section 3, Clause, 6:
“The Senate shall have the sole power to try all Impeachments. When sitting for that Purpose, they shall be in Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the Members present.”
Article I; Section 3, Clause, 7:
”Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."
If a Senator is found guilty by the Senate of violating his office of public trust, then, and only then, is the door opened for that Senator to be … liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."
Why are so many determined to subvert the due process procedure agreed upon in our Constitution, to deal with a federal office holder who is accused of criminal acts which violate their office of public trust?
JWK
Those who reject abiding by the text of our Constitution, and the intentions and beliefs under which it was agree to, as documented from historical records _ its framing and ratification debates which give context to its text _ wish to remove the anchor and rudder of our constitutional system so they may then be free to “interpret” the Constitution to mean whatever they wish it to mean.