Twitter As Proof There Is No Intelligent Life On…

I see we’re back to “impeachment creates double jeopardy” as an argument people are actually making.

Sigh.

— Steve Vladeck (@steve_vladeck) December 3, 2023

Well, Twitter.

How about Article I, Section 3 of the U.S. Constitution:

“the party convicted [in an impeachment trial] shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.”

If that’s true for convictions, it’s no less true for acquittals. https://t.co/9KT6zzyaqR

— Steve Vladeck (@steve_vladeck) December 3, 2023

Professor Vladeck is the exception that proves the rule.

I’m not “making things up.” The point is that impeachment isn’t criminal, regardless of its outcome. That’s been the consistent understanding of … everyone … dating all the way back to the Founding.

— Steve Vladeck (@steve_vladeck) December 3, 2023

I’m ceaselessly amazed by people who want to argue the law with him.

No. That applies only to criminal prosecutions, which impeachment … isn’t.

— Steve Vladeck (@steve_vladeck) December 3, 2023

So clearly, clearly ignorant.

That’s just not true. Double jeopardy protects against two criminal *trials* for the same offense, not two *convictions.* It doesn’t apply here not because of the acquittal, but because it wasn’t a criminal trial in the first place.

— Steve Vladeck (@steve_vladeck) December 3, 2023

The legal concept is about not being criminslly *tried* twice for the same offense—and applies whether the first prosecution results in an acquittal or a conviction. It doesn’t apply to impeachment because impeachment trials aren’t criminal in the first place.

— Steve Vladeck (@steve_vladeck) December 3, 2023

Pro tip: when you run out of ignorance on the law, don’t reach for your limited classics knowledge. Gödel’s theorem of incompleteness doesn’t apply here.

I’ll stick with law, where this has been clear for centuries. Non bis in idem doesn’t care about the result of the first proceeding.

— Steve Vladeck (@steve_vladeck) December 3, 2023

Ancient Greek and Roman law has no hold in American jurisprudence, not even in British common law (the British system owes more to Rome than we do). Even though Professor Vladeck states the legal principle in Latin. Ironic, no? 

But Lord, you want to find the highest amount of stupidity outside a Trump rally? Twitter is available 24/7.