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December 24, 2019


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Jennifer S Hendricks

I think the analogy to criminal prosecution is not quite apt here, for reasons that overlap with your points for distinguishing senators from jurors. Given all that has to happen to produce an impeachment, it seems unlikely that the senate trial will ever really turn on fact finding. The question isn't "did he do X" but "should he be removed." Impeachment by the house seems at least as bad as censure, with the degree of historical stigma judged in line with your Johnson/Clinton comment.

Steven Lubet

Yes, I agree. Impeachment is at least as bad as censure. It is even worse, in at least one sense, because a censure can be expunged -- as was the case with Andrew Jackson's censure by the Senate -- while a president cannot be unimpeached.

Re Jackson:

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