https://www.nysun.com/article/the-founders-would-have-been-appalled-at-the-january-6-committee?utm_
Democrats violated the prohibition on attainder to try to force a prosecution of President Trump.
The final act of the January 6 committee, voted on in broad daylight, represents, to us, the final act in a process that the Founders of America had tried to prohibit — a process of attainder, meaning a trial on criminal charges by the legislature. It is prohibited to the Congress in Article I, Section 9. And by our lights, referring President Trump and his colleagues for criminal prosecution is an evasion by the Congress.
We understand that we are the only newspaper banging this drum (not an entirely novel situation for us). Nor are we without illusion in respect of how serious the moment is. It’s decidedly possible that the Justice Department will seek an indictment against Mr. Trump and alleged confederates and try them on charges that could put them away for years. That would be deeply divisive, as the Wall Street Journal argues, though a jury would have the last word.
It might — it’s a long shot — be possible for Mr. Trump to press a constitutional objection, double jeopardy, on one charge on which he was referred, incitement to insurrection. That’s because of Article I, Section 3 of the Constitution, which says the “party convicted” in an impeachment trial shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. It might present a problem in prosecuting Mr. Trump.