Yes, Trump Can Be Convicted by the Senate After January 20
Donald Trump speaks in Alamo, Texas, on January 12, 2021.
MANDEL NGAN / AFP via Getty Images
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Now that the House of Representatives has impeached Donald Trump for Incitement of Insurrection, he will stand trial in the Senate. In light of Majority Leader Mitch McConnell’s refusal to hold the trial before January 20, the question arises whether Trump can be tried after he leaves office. The answer is yes. Expect Trump’s legal team to argue that he cannot.
“The Constitution does not require that an impeachment trial be held while a person is in office,” Berkeley Law School Dean Erwin Chemerinsky told
A law school dean says giving social media firms the power to permanently ban politicians could have serious ramifications for the future of free speech on the internet.
UC Berkeley Law School Dean Erwin Chemerinsky discussed social media and First Amendment implications in an online panel discussion Thursday.
SAN FRANCISCO (CN) Pondering the free speech implications of Twitter’s lifetime ban on President Donald Trump after a violent attack on the U.S. Capitol, a constitutional law scholar warned Thursday that a private company’s silencing of a sitting president sets a dangerous precedent.
“I worry that if we encourage Twitter to censor Donald Trump today, tomorrow it might be my speech or your speech that gets censored,” University of California, Berkeley Law School dean Erwin Chemerinsky said.
L.A. Prosecutors Are at Loggerheads with Their New Boss, George Gascón
The union that represents local prosecutors filed suit against the new DA earlier this week
On Wednesday afternoon, a judge ordered Los Angeles Countyâs new District Attorney, George Gascón, to show why the court shouldnât block criminal-justice reforms he has issued in the weeks since taking office on December 7âreforms county prosecutors say ignore or violate state law.
The order by L.A. Superior Court Judge David Cowan was in response to a lawsuit that the union representing county prosecutors filed against Gascón earlier that day. At issue is a series of executive actions Gascón issued that bar prosecutors from charging criminal sentencing enhancements under the Three Strikes Law and direct them to withdraw all pre-existing enhancement allegations for factors like gang affiliation or possession of a firearm.
George Gascón s L.A. prosecutors sue over his sentencing rollbacks
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Prosecutors are suing Los Angeles County District Attorney George Gascón over his reductions in sentences.Damian Dovarganes / Associated Press
Former San Francisco District Attorney George Gascón was elected Los Angeles County’s top prosecutor last month, promising to roll back harsh sentencing practices over the opposition of the prosecutors union.
On Wednesday, the union struck back with a lawsuit accusing Gascón of forcing prosecutors to violate state law by cutting years from the sentences they seek in criminal cases. Those include potential life terms for “three-strikes” defendants with past felony convictions and life-without-parole sentences in some murder cases.
The union representing Los Angeles County prosecutors filed a civil lawsuit today challenging newly seated District Attorney George Gascon's directives to eliminate three-strikes allegations and some sentencing enhancements, alleging that they are “unlawful.''