Wry Catcher
Diamond Member
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- Banned
- #241
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.
A ham sandwich can be indicted by a competent District Attorney. The issue is can the indictment be served and the President be forced to appear before a court.
I would say the President would have to be impeached and removed from office before he could be forced to appear before an inferior court, for the simple fact that any other method would allow abuse by State governments to indict federal officials for decisions they did not like.
So If Colorado and California have a water dispute and Colorado wins California can't go and indict the Secretary of the Interior to try to force the issue.
Your reasoning is flawed. The facts are:
- No one knows for sure what would happen if the President of the US is served with a subpoena
- Clinton went before a Grand Jury voluntarily
- Nixon resigned before a vote was taken to impeach him;
- Agnew made a deal, and plead to lesser included offenses.
In your example, the Supreme Court would be the court of jurisdiction (See Art III, Sec 2) and their ruling will be final.
However, if a conflict of interest could be proved, that the Sect. of the Interior provided false testimony which gave Colorado the win, it would be possible to sue the Sect. in Civil Court. If the St. of CA wins its case, it would be possible for them to appeal the decision.