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Stuck in a Morass of Morality and Kicked by Jackasses

Poor Donald John Trump.

Steve Russell
2 min readFeb 9, 2021

I have but one and a half remarks before I ask my Buick 6 to whisk me to the Temple VA where I get my second COVID 19 shot.

First, jurisdiction is a sticky thing. In the law, we claim jurisdiction “attaches” to a set of parties as if with screws or bolts. Actually, the first image that stuck in my mind as I saw Mr. Trump’s defense team claim the Senate has no jurisdiction was a wooly mammoth going down in a bog where we will find its fossilized remains when there are no more mammoths and remark how they resembled elephants.

Suppose the defense is right and a public official may not be impeached after his term of office ends. Do I remember incorrectly that the House passed the impeachment resolution before Mr. Biden was sworn in?

The Senate’s task is not to impeach. It is to try a pending impeachment with which jurisdiction either “attached” or it did not.

Furthermore, the confluence of dates just mentioned cannot matter if the Department of Justice Memo that says a sitting POTUS may not be indicted is correct. (It’s not correct, but the only way to have a discussion about this case is to make up shit….something his defenders discovered long before I did.) If the actions for which he is impeached took place during his term of office, then jurisdiction can attach and the Senate would have to try the case.

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Steve Russell
Steve Russell

Written by Steve Russell

Enrolled Cherokee, 9th grade dropout, retired judge, associate professor emeritus, and (so far) cancer survivor. Memoir: Lighting the Fire (Miniver Press 2020)

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