The Honorable Dr. Scott L. Fredricks, Commissioner / The Honorable Dr. Scott L. Fredricks, Admiral, answers a Legal question, by a Fan

The Honorable Dr. Scott L. Fredricks, Commissioner / The Honorable Dr. Scott L. Fredricks, Admiral, answers a Legal question, by a Fan

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.

[ The &/or this information &/or any other such information

- whether from myself &/or whether from anybody else,

is not &/or should not be intended, to

diagnose, treat, cure, remedy, etc.

&/or to do anything else,

re any health, medical, legal, business, etc.

&/or any other type of situation &/or matter.

As with anything &/or everything, in life,

exercise proper judgement, on anything &/or everything

that you either want to do &/or are doing &/or will be doing,

&/or

that anybody else who you might know,

either wants to do &/or is doing &/or will be doing.

If need be, seek, consult &/or speak to a professional

in the topics &/or subjects,

in &/or to what, your queries are about

- whether the topics &/or subjects,

are about this referenced matter

or whether the topics &/or subjects,

are about anything else

&/ or

whether the queries are to myself

&/or whether the queries are to anybody else. ]

=======================================================

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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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