A question about Impeaching Kavenaugh

[dsc]

Can the same person be Impeached twice for the same set of facts? Clearly if we Impeach him now, the Senate won't do anything. But if we win the Senate in 2020 while there are no guarantees there is an increased likelihood that he could be convicted or at least get a significant vote to convict (say 55 or so). Since he has a lifetime appointment I think this question is relevant as to if we should or shouldn't Impeach now.

[FBaggins]

1. Impeachment is a political process... not criminal

Double jeopardy does not apply.

[brooklynite]

2. Legally, Yes.

Double Jeopardy applies to criminal prosecution.

That said, it would be beyond foolish to try.

[unblock]

3. there's no concept of double jeopardy when it come to impeachment, at least not in theory.

impeachment is a glorified process by which you're under review to possibly get fired from your job.

similarly, your employer (perhaps with a new ceo or new h.r. department) could dredge up the same old complaint and fire you this time even though they get you a pass when they looked into it earlier.


in this particular case, kavanaugh is even *less* likely to be removed via impeachment if there's a democrat in the white house and/or more democrats in the senate. because if he's removed now, they could replace him with someone equally odious; whereas, if he's removed when more democrats are involved, his replacement would be far more reasonable. for this reason, republicans would never agree to remove him.

so unless and until we have 67 democratic senators, it's pretty much a non-starter. well, it might be worth impeaching him, but have no illusions about the senate removing him.

[2naSalit]

4. +