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: Nuts & Boalts

Kent Work?

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Convicted felon and I guess now former Judge Samuel Kent was the first sitting federal judge to be impeached by the House in something like 20 years.* Naturally I was excited for the upcoming Senate trial. But by resigning Kent is hoping to avoid a Senate conviction, which brings us to obscure constitutional question time.

For those of you studying for the bar, the July 2007 exam had a MBE question on the Bill of Attainder clause, so pay attention. Can the Senate continue with the trial and convict? The punishment upon conviction is: "removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States." U.S. const. art. I, sec. 3. Removal is moot. But may the Senate convict just to keep him out of a federal gig? Isn't the felony conviction enough to do that? I want my trial damn it!!!

*The previous judge to have that honor was Chief Judge Walter Nixon of S.D. Miss. who according to a Boalt Prof drew the largest paralegal salary in the State of Mississippi following his conviction and disbarrment.

Full post as published by Nuts & Boalts on June 26, 2009 (boomark / email).