# "Impeach (Ex) President Bush"?

**URL:** <https://boards.straightdope.com/t/impeach-ex-president-bush/510446>\
**Category:** Factual Questions\
**Created:** [September 17, 2009, 2:13pm UTC](https://boards.straightdope.com/t/impeach-ex-president-bush/510446 "2009-09-17T14:13:26Z")\
**Posts on this page:** 1\
**Showing post:** 7

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**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [September 17, 2009, 3:26pm UTC](https://boards.straightdope.com/t/impeach-ex-president-bush/510446/7 "2009-09-17T15:26:10Z")

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> [@Polycarp](#):
>
> T But would it:
> 
> A. Remove their prerogatives as ex-Presidents (10 years Secret Service, pension, etc.)?

No, it would not.

> [@](#):
>
> Art. I, Sec. 3, cl. 7 of the U.S. Constitution provides
> 
> Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of Honor, Trust or Profit under the United States…

It seems rather clear. Congress may not do anything besides [ol][li]Remove him from office if he is currently in office, and/or[\*]disqualify him from holding any other federal office.[/ol]That’s it.[/li]  
I suppose Congress could pass a law revoking Secret Service protection for ex-Presidents if they wanted, but making it specific to a President would be a bill of attainder and also un-Constitutional.

> [@](#):
>
> B. Function to say that their conduct was not privileged or immune in subsequent criminal trials?

One of the Great Legal Minds of the SDMB will be along to correct me shortly, I hope, but I believe this would be a question for the courts, not something that could be done with a finding of Congress, even a trial. Congress doesn’t set judicial precedent, IOW.

> [@](#):
>
> But would adjunct effects of a successful imeachment-and-conviction-by-the-Senate be such as to make it worthwhile to do it anyway?

Sure it would be worthwhile - anything Congress can do to waste time and abuse their Constitutional role keeps them from f\*ing up whatever else they might turn their attention to.

Congressional approval ratings are currently less than a third, and falling ([cite](http://www.pollingreport.com/CongJob.htm)). I seriously doubt if them trying to impeach someone who doesn’t hold office, and in direct violation of the clear sense and text of the Constitution, is going to reverse that.

Nevertheless, I hope they try it. It would be mighty entertaining. As well as give clear direction to Republicans on how to proceed when once they regain control of Congress.

Regards,  
Shodan

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