IN RE | Due Process

 

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. U.S. Const. Amend. V

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. U.S. Const. Amend. XIV § 1

The fifth amendment requires the Federal Government to apply due process for federal deprivations. The fourteenth amendment provides that states, by incorporation, apply due process also for state deprivations.

IN RE | Impeachment Subsequent

Can a former United States President be convicted for high crimes and misdemeanors, in an impeachment trial, after the presidential term has naturally expired and the president has left office?

Are there assertions of actions that arise to a claim of high crimes and misdemeanors?

Whether or not a person will be successful is not the same as whether or not a person has a claim. ‘I was hit’ is an assertion of actions that lead to the claim of battery. This is enough for a claim. Whether or not a battery happened is to be determined by the finder of fact; the Jury or the Judge and in the situation at bar, the Senate. 

The former president's actions taken on January 6th, 2021 that preceded the event against the capital are enough to assert a claim of incitement of insurrection. Whether or not the finder of will make the determination is an issue for trial. 

Did the actions in question happen while the president was in office?