Does the Constitution prevent the President from being indicted for a criminal act?

[Wry Catcher]

Or, is the President of the United States above the law?

What say you?

Here's an Op-Ed:

Yes, the Constitution Allows Indictment of the President

And other written opinions:

Can a president be indicted while in office?

https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2573&context=facpub

Another Problem with the Constitutional Argument Against the Indictment of a President

 

[Wry Catcher]

My response is, no man is above the law. And no where in the Constitution is there any clause excusing criminal conduct being investigated and indictable.

 

[BlackFlag]

Or, is the President of the United States above the law?

What say you?

Here's an Op-Ed:

Yes, the Constitution Allows Indictment of the President

And other written opinions:

Can a president be indicted while in office?

https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2573&context=facpub

Another Problem with the Constitutional Argument Against the Indictment of a President

Well he has an El Chapo-like following that may block his impeachment. And I had heard a sitting President had to be impeached in order to face justice?

 

[blackhawk]

Everyone has an opinion on the subject but it’s not settled law as far as I know a sitting President has not been indicted so if it was to happen it would likely be appealed all the way to the Supreme Court.

 

[danielpalos]

Or, is the President of the United States above the law?

What say you?

Here's an Op-Ed:

Yes, the Constitution Allows Indictment of the President

And other written opinions:

Can a president be indicted while in office?

https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2573&context=facpub

Another Problem with the Constitutional Argument Against the Indictment of a President

...Only if the Chief Magistrate of the Union is bearing True Witness to our Constitution and supreme law of the land.

 

[Marion Morrison]

Or, is the President of the United States above the law?

What say you?

Here's an Op-Ed:

Yes, the Constitution Allows Indictment of the President

And other written opinions:

Can a president be indicted while in office?

https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2573&context=facpub

Another Problem with the Constitutional Argument Against the Indictment of a President

Actually yes, yes it does.

"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; but the Party convicted shall nevertheless be liable and subject to Indictment Trial, Judgment and Punishment, according to Law."


A president would have to be successfully impeached before being indicted.

You have an Op-Ed, I have the actual Constitution.

 

[Pogo]

Everyone has an opinion on the subject but it’s not settled law as far as I know a sitting President has not been indicted so if it was to happen it would likely be appealed all the way to the Supreme Court.

Not a matter of 'opinion'. Where is any proscription in the Constitution?

Nowhere, mon frère.

 

[caddo kid]

Allow the charges against Trump, whatever they may be, and let the courts decide.

Of course, if the charges are damning enuff, then there could be the possibility that Orange Clown would resign, like Tricky Dick.

 

[Wry Catcher]

Or, is the President of the United States above the law?

What say you?

Here's an Op-Ed:

Yes, the Constitution Allows Indictment of the President

And other written opinions:

Can a president be indicted while in office?

https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2573&context=facpub

Another Problem with the Constitutional Argument Against the Indictment of a President

Actually no, but I believe Federal law does.

A DOJ opinion / policy, which has no impact on the states.

 

[Cecilie1200]

Everyone has an opinion on the subject but it’s not settled law as far as I know a sitting President has not been indicted so if it was to happen it would likely be appealed all the way to the Supreme Court.

Nope, the Constitution doesn't really address the question, and it has never come up in practice before.

On the one hand, you could consider it an attempt to interfere with the functioning of the US government, or even a separation of powers conflict, depending on the level of prosecution. And it's never a good plan to hand people with ulterior political motivations a weapon like that to abrogate election results.

On the other hand, there is historical precedent for other public officials who are elected or subject to impeachment or both being arrested and criminally prosecuted despite their office, so it could be argued that the President is no more above the law than those people were. Certainly he shouldn't be.

I suspect that, had the Founding Fathers thought about it, they would have ideally hoped that sufficient evidence to arrest the President in the first place would also guarantee his impeachment, thus allowing him to be prosecuted and jailed like any other convicted criminal. But in this day and age, I don't know that the moral fortitude to impeach exists in those amounts.

 

[jc456]

I love orangemanbad threads.

 

[blackhawk]

Just a word of caution to those who would want to see a sitting President indicted just because it’s Trump that precedent would not end with Trump so think carefully before going down that road.

 

[ZZ PUPPS]

A sitting president can only be removed from office via impeachment or 25 IV. Once out of office, for whatever reason, a former president is subject to all laws - just like any other citizen.

 

[Wry Catcher]

Just a word of caution to those who would want to see a sitting President indicted just because it’s Trump that precedent would not end with Trump so think carefully before going down that road.

Speaking for myself, it matters not if the criminal act is committed by a Republican or a Democrat - no man or woman is above the law.

 

[Wry Catcher]

A sitting president can only be removed from office via impeachment. Once out of office, for whatever reason, a former president is subject to all laws - just like any other citizen.

This ^^^ is an opinion; there is not phrase, clause, section or article in COTUS which prevents a sitting president from being indicted and tried in a criminal court.

 

[Marion Morrison]

A sitting president can only be removed from office via impeachment. Once out of office, for whatever reason, a former president is subject to all laws - just like any other citizen.

This ^^^ is an opinion; there is not phrase, clause, section or article in COTUS which prevents a sitting president from being indicted and tried in a criminal court.

Right, but he has to be impeached successfully first.

I believe that's Article I section 3 of The Constitution.

It is, here's the same thing yet again:

"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: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law."

See how the "convicted" comes before the "liable and subject to indictment"? That's by design.

Article I

 

[blackhawk]

Just a word of caution to those who would want to see a sitting President indicted just because it’s Trump that precedent would not end with Trump so think carefully before going down that road.

Speaking for myself, it matters not if the criminal act is committed by a Republican or a Democrat - no man or woman is above the law.

True true but anyone who is being honest knows that there are people on both sides who would try and use such a precedent to remove a president from office and overturn election results or damage them so badly they would have no chance of re-election.

 

[Auld Phart]

Lets see...

Pierce was arrested for running over an elderly woman while in office, charges dropped for lack of evidence.

Grant was arrested for speeding in his buggy, paid a $2o fine.

Which two United States presidents were arrested while in office and for what cr...

Sounds like a president CAN be arrested while in office, hmm?

 

[jc456]

Just a word of caution to those who would want to see a sitting President indicted just because it’s Trump that precedent would not end with Trump so think carefully before going down that road.

Speaking for myself, it matters not if the criminal act is committed by a Republican or a Democrat - no man or woman is above the law.

then why isn't hitlery in jail? speaking out both sides again?

 

[Marion Morrison]

Just a word of caution to those who would want to see a sitting President indicted just because it’s Trump that precedent would not end with Trump so think carefully before going down that road.

Speaking for myself, it matters not if the criminal act is committed by a Republican or a Democrat - no man or woman is above the law.

then why isn't hitlery in jail? speaking out both sides again?

Corruption. And fear. Hillary is like 5x deadlier and more powerful than the worst mobster ever.