Originally posted by Flit
Either way, if he went to Paris and talked to the NVA, He's guilty of treason and aiding the enemy
He should'nt even be holding public office
That's my biggest concern. This is not going away. If Kerry loses, it will be a minor tiff in history as it gets worked out as to whether he can continue in the Senate.
If he wins the presidential election and this issue continues, it will cause a Constitutional Crisis.
Article XIV: Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
You may interpret this clause a couple of different ways. It would seem that for a Senator to be in violation you would have to have sworn to support the Constitution, ("having previously taken an oath, as a member of Congress") then later given aid and comfort to the enemy.
So Kerry could be OK there, no one claims he's done that since winning any elections.
However, "or as an officer of the United States" I have to assume includes officers in the US Navy. Or does it? If it does, then we could be looking at a trial? Note the 2/3 vote in Congress is not to impeach the "suspect", but to remove the "disability" of not being able to hold public office. So then who decides if Kerry can hold public office, a Federal court, with a right to a jury trial? Could a President be removed by a Federal Court, without ever having been impeached and tried in Congress?
What a mess this could be. I hope it's just an academic exercise, otherwise the country will be bogged down for months or years on it.