If/When the Senate fails to impeach, would Double Jeopardy clause prohibit indictment?

[StTimofEdenRoc]

[elleng]

1. No

Double jeopardy is a procedural defense that prevents an accused person from being tried again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.

[unblock]

2. No. It doesn't even prevent him being impeached again

[BigmanPigman]

4. That would be too perfect!

I didn't know he (or anyone) could be impeached twice. That would be a cherry on the narcissistic sundae of his entire faux presidency.

[customerserviceguy]

3. Indictment and impeachment are two separate processes.

But, as a practical matter, it might be difficult to indict when an impeachment fails.

[Sherman A1]

5. Precisely

However, as they are two separate processes I do not believe the failure to convict in the Senate would have much affect on a criminal trial.

[Hortensis]

9. Trump's reportedly terrified of indictment and prosecution

if he loses the protection of the presidency (presumably in those moments when he admits the reality of the huge legal threats facing him that interrupt happier delusions of invincibility).

Legally, from what's been explained, a failed impeachment trial -- guaranteed by McConnell & Co -- would be irrelevant. The senate acts as a court but isn't one. The judicial system is entirely separate.

Politically? The evidence produced in the senate -- and a president smirking and bragging after the McConnell protected him -- might lead to majority support among the people for prosecution. Or not. But courts are supposed to be independent of that and usually are.

Btw, with events in mind, he's often spoken of the people rising and protecting him, and he's been increasingly encouraging violence in his base and across the far right, including conspiracy and hate groups. So it seems very possible that he could imagine rescue via a glorious uprising that would free him of all legal threats, and constraints? Politically, I'm thinking that might just backfire among voters, of whom currently less than 40% favor beginning impeachment proceedings.

[Voltaire2]

6. Nope.

Impeachment is not a criminal proceeding.

[Mike Nelson]

7. I predict...

… Democrats will not promote indictment, following a Trump loss in 2020. Unfortunately, they will say it's time to "move on." I don't agree. Crimes unpunished will repeat. While not likely, if Trump is impeached and convicted, Pence will pardon him for everything - then it's cases closed.

[tirebiter]

8. He'll give himself a blanket pardon

That’s gonna be the real fight.