The Honorable Dr. Scott L. Fredricks, Commissioner / The Honorable Dr. Scott L. Fredricks, Admiral, answers a Legal question, by a Fan
The Hon. Dr. Scott L Fredricks, Commissioner
This is an Official Page of the Celebrity & Government Official ~ The Honorable Dr. Scott L. Fredricks, Commissioner
From :
The Honorable Dr. Scott L. Fredricks, Commissioner
The Honorable Dr. Scott L. Fredricks, Admiral
While I have seen a great deal of media
re the so-called upcoming Senate trial of
FORMER President ~ Donald J. Trump,
& equally been receiving Posts to me,
in addition to messages in my Inboxes,
I have tried to refrain from weighing in,
as I generally try not to get into the fray of controversary
- nor do I generally allow it on my Profile, or my Pages.
However, I would be neglect of my responsibilities,
as the Legal Expert, for The Attorneys Page,
& their Writer of their Articles, if I did not respond.
So here I go.
The argument against trying Donald J. Trump
in the Senate is short and simple.
The Constitution forbids an impeachment trial
of a private citizen by the U.S. Senate.
Our Founders did not permit ‘former presidents’
to be subject to impeachment trials.
Article II, Section 4 of the Constitution
states:
“The President, Vice President
and all civil Officers of the United States,
shall be removed from Office on Impeachment
for, and Conviction of,
Treason, Bribery,
or other high Crimes and Misdemeanors.”
Seems like an open and shut case
that a private citizen, who is a former president,
can’t be the subject of a trial in the U.S. Senate.
When you read the constitutional provisions
relating to impeachment
it is clear as day that there is no constitutional basis
for the Senate to try Trump
after Joe Biden is sworn in as president.
Article I, Section 3 of the Constitution states
that the Senate conducts all impeachment trials
as follows:
“When the President of the United States
is tried,
the Chief Justice shall preside.”
The AP reported on January 14, 2021,
that there is confusion who will preside
at a trial
because “the Constitution says
the chief justice is to preside
at the impeachment trial of a president.
But what about an ex-president?”
The answer is nobody
because a post-presidency trial
would be unconstitutional.
The AP article points out
that the Vice President is not allowed to preside
at an impeachment,
because, under normal circumstances,
the VP would take over for an impeached president
if the Senate convicted and removed from office.
That is off the table,
because Senate Democrats are
improperly using a Senate impeachment trial
for something not contemplated by the Founders.
Senators have an option
to end the unconstitutional trial quickly.
If the Chief Justice refuses to preside
because of the possibility of a controversy
over the constitutionality of a trial
coming before the high court,
a Senator could raise a constitutional objection
to the trial forcing a vote of the Senate.
The Senator would say,
“I object to this proceeding
as not authorized by the Constitution
as evidenced
by the Chief Justice refusing to preside today
and ask the Presiding Officer
to rule this proceeding unconstitutional.”
This would expose the farce of the exercise,
because the vote would likely
break on party lines
after a partisan in the chair,
either Vice President Kamala Harris
or President Pro Tempore Sen. Patrick Leahy (D-VT),
would rule the objection out of order.
If all Republicans and Democrats
voted with the caucus,
the rejection of the objection
would be exposed as a partisan ruling.
If Chief Justice Roberts were to show up,
then a Senator could make a different objection
stating that Article I, Section 3
does not empower the Senate
to try a private citizen
.
Constitutional scholars
seem at least to recognize
that this is an issue.
J Michael Luttig who served as a judge
on the U.S. Court of Appeals for the 4th Circuit
from 1991 to 2006
argued in the Washington Post
that “it appears
that even if the House of Representatives
impeaches President Trump this week,
the Senate trial on that impeachment
will not begin until after Trump has left office
and President-Elect Biden has become president
on Jan. 20.
That Senate trial would be unconstitutional.”
It seems so simple,
but many Democrats will use this tool
because they think they can pull it off.
Some in the Senate have recognized
that conducting this trial violates
the oath of office to abide by the limits
on the Senate’s impeachment power
contained in the Constitution.
Senator Tom Cotton (R-OK)
argued:
“the House has passed an article of impeachment
against the president,
but the Senate under its rules and precedents
cannot start and conclude a fair trial
because the president has left office..”
Cotton points out that there is no authority
for Senators to conduct a trial
against a former president.
He went on to conclude
that “the Founders
designed the impeachment process
as a way to remove officeholders
from public office
—not an inquest against private citizens.”
The moment Joe Biden was sworn in as president on January 20th, Trump became a private citizen again
and the Constitution does not allow a trial
of a private citizen
for the purposes of removing them
from an office they do not hold.
The rage many Republicans and Democrats feel on Capitol Hill is justified. The level of violence inflicted on the Capitol Police and other officers of the law defending the Capitol is shocking and heart-breaking. That being said, it does not undo the clear words and language of the Constitution preventing the Senate from sentencing private citizen Trump.
The Constitution forbids the trial and Congress
should let this assault on the Capitol
be handled by law enforcement,
not partisan politicians out for political vengeance.
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&/or any other type of situation &/or matter.
As with anything &/or everything, in life,
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The Honorable Dr. Scott L. Fredricks, Commissioner
The Honorable Dr. Scott L. Fredricks, Admiral
is a Genius, & was a Genius from Childhood.
He was speaking Dozens of Languages
on or before he was in the First Grade
&
was Taking University Courses
on or before he was in the First Grade.
He has
More than 8 + Years of College
More than 12 + Degrees
&
Speaks
More than 100 + Languages.
He is a
Doctor, Attorney, Rabbi, Linguist, Philosopher
&
has &/or holds, other
Certifications, Degrees, Awards, etc.
&
has other
Professions.
He is
a Celebrity, who dates many Celebrities
&
he Owns
Many
Book Publications,
Magazines,
Newspapers,
Photography Studios,
Modeling Studios,
Recording Studios,
Music Studios,
Radio Networks,
Radio Stations,
Play & Theater - Studios,
Television Networks,
Television Studios,
Television Stations,
Movie Studios,
Media Outlets,
&
other Entities in the Media & Entertainment Profession.
He Owns & Runs
Many - if not Most
Beauty Contests & Beauty Pageants.
He also Owns & Runs
Many
Athletic &/or Sports - Teams & Leagues,
in Addition to Owning & Running
other types of
Competition &/or Competitive - Teams & Leagues.
He also Owns & Runs
Many
Web Sites.
He is the
President,
Chief Executive Officer,
Chairman of the Board,
of
&
Owns & Runs
Millions of Businesses, Companies, & Corporations.
He is
a Top Governmental
Law Enforcement & Intelligence
Official,
who Associates with
Prime Ministers, Princes, Kings, & Presidents,
& other Titled
- Heads of Regions, Countries, & World Leaders.
He is the
# 1 Celebrity on Social Media,
# 1 Most Requested person,
# 1 Most Requested - Celebrity,
# 1 Most Subscribed To person,
# 1 Most Subscribed To - Celebrity,
# 1 Most Followed person,
# 1 Most Followed - Celebrity
- Every Day
Receiving More than 4 Billion - Friend Requests
from All Over the World.
- he has Special Buttons & Controls
that he uses, to show a smaller amount of people
on his Friend Lists,
& of his
Page Likes, Subscribers, & Followers,
because he is known to be Humble & Modest
& he does not like to brag or to show-off
- he tries to live, like a regular person,
or as close to one, as possible.
He is the Medical, Science, & Scientific - Expert
&
Author & Writer
for The Doctors Page.
He the Law, & Legal - Expert
&
Author & Writer
for The Attorneys Page.
He is the Experts "Expert"
&
although he is Extremely Wealthy
& does Not need Money,
he is Called Upon, & Paid - Billions of Dollars
by other
Doctors,
Attorneys,
Rabbis,
Clergy,
Religious Institutions,
&
by other
Academics,
Colleges & Universities,
Institutions,
&
by other
Professions,
&
by other
Businesses, Companies, & Corporations
&
by other
Associations,
Organizations, etc., etc.
&
by other
Politicians,
Political Parties,
Political Bodies,
Courts,
Government Cabinets,
Military's,
Government Bodies,
Legislatures,
Parliaments
Governments,
Principalities,
Kingdoms
&
Royalty,
- Throughout the World.
He does have a Busy Schedule,
& he is Very Busy,
&
although as it has been stated,
that he is Extremely Wealthy
& that he does Not need Money
- he may be &/or is Available
for Paid - Advice & Consultation, on Anything.
You can Follow him,
& also Send him a Friend Request
to one of his
Personal Pages
at :
Scott L. Fredricks
at
https://www.facebook.com/TheHon.Dr.ScottL.FredricksCommissioner
You can "Like", & Subscribe to, & Follow,
& Receive Notifications about him
on one of his
Celebrity & Government Official - Pages
at :
The Honorable Dr. Scott L. Fredricks, Commissioner
at
https://www.facebook.com/pages/The-Honorable-Dr-Scott-L-Fredricks-Commissioner/370092876401781
You can "Like", & Subscribe to, & Follow,
& Receive Notifications about him &/or his Studios
on one of his Studios Pages
at :
Scott L. Fredricks Studios
at
https://www.facebook.com/ScottL.FredricksStudios
You can "Like", & Subscribe to, & Follow,
& Receive Notifications
about some of his Medical, Science, & Scientific - Articles
on one of The Doctors Pages
at :
Doctor
at :
https://www.facebook.com/Doctor-367115876675502
You can "Like", & Subscribe to, & Follow,
& Receive Notifications
about some of his Law, & Legal - Articles
on one of The Attorneys Pages
at :
Attorney
at :
https://www.facebook.com/Attorney-434602073239629
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