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

[ZZ PUPPS]

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?

The Supreme Court has never ruled on whether the president can be indicted or whether the president can be subpoenaed for testimony.

The Justice Department’s Office of Legal Counsel, which provides legal advice and guidance to executive branch agencies, has maintained that a sitting president cannot be indicted. Two Justice Department reports, one in 1973 and one in 2000, came to the same conclusion.

 

[Marion Morrison]

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?

I don't think justice has taken a turn for the better since then.

 

[BluesLegend]

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.

You clowns are funny. The president can be impeached and removed from office at any time so DO IT. Grow a pair of balls you gutless cowardly hacks.

 

[Marion Morrison]

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.

You clowns are funny. The president can be impeached and removed from office at any time so DO IT. Grow a pair of balls you gutless cowardly hacks.

There has to be good cause to. Also a 2/3 Senate majority.

 

[BluesLegend]

The left can't muster the votes to impeach Trump and remove him from office so they are seeking a way around this obstacle. That's all this thread is, partisan butthurt libtards still crying over losing to Trump.

 

[BluesLegend]

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.

You clowns are funny. The president can be impeached and removed from office at any time so DO IT. Grow a pair of balls you gutless cowardly hacks.

There has to be good cause to. Also a 2/3 Senate majority.

Which is why the left is trying to ignore the Constitution and somehow attack Trump some other way.

 

[Marion Morrison]

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.

You clowns are funny. The president can be impeached and removed from office at any time so DO IT. Grow a pair of balls you gutless cowardly hacks.

There has to be good cause to. Also a 2/3 Senate majority.

Which is why the left is trying to ignore the Constitution and somehow attack Trump some other way.

 

[Cecilie1200]

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.

Yes, but the question isn't about removing him from office. It's about prosecuting him for a criminal act. Theoretically, prosecution and even conviction doesn't affect the fact that he's President, although it would be quite the challenge to execute his duties from a jail cell. Again theoretically, one could say that if that situation arose, then the Vice President and Cabinet would invoke the 25th Amendment on the grounds that he's unable to discharge his duties while incarcerated.

Absent any legal codification or precedent on the subject, there are any number of ways it could end up.

 

[MAGAman]

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

Neither

 

[Cecilie1200]

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" come before the "liable and subject to indictment"? That's by design.

Article I

Nope, that's not actually what that Article is saying.

Grammatically speaking, it is saying that when someone - in this case the President - is impeached, the Senate cannot render judgement against him beyond removing him from office and declaring him disqualified from holding any other federal office. However, other legal bodies - like a criminal court - are still free to prosecute him for whatever it is he was impeached for and render whatever judgement is applicable by law.

Doesn't say a damned thing about impeachment being a requirement for criminal prosecution.

 

[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.

Yes, but the question isn't about removing him from office. It's about prosecuting him for a criminal act. Theoretically, prosecution and even conviction doesn't affect the fact that he's President, although it would be quite the challenge to execute his duties from a jail cell. Again theoretically, one could say that if that situation arose, then the Vice President and Cabinet would invoke the 25th Amendment on the grounds that he's unable to discharge his duties while incarcerated.

Absent any legal codification or precedent on the subject, there are any number of ways it could end up.

Read post 21 above.

 

[BluesLegend]

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.

Yes, but the question isn't about removing him from office. It's about prosecuting him for a criminal act. Theoretically, prosecution and even conviction doesn't affect the fact that he's President, although it would be quite the challenge to execute his duties from a jail cell. Again theoretically, one could say that if that situation arose, then the Vice President and Cabinet would invoke the 25th Amendment on the grounds that he's unable to discharge his duties while incarcerated.

Absent any legal codification or precedent on the subject, there are any number of ways it could end up.

Presidents are protected from left wing assholes doing this precisely because a president could not perform his duties if left wing assholes are constantly filing criminal charges against him because they are butthurt over losing the election.

 

[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" come before the "liable and subject to indictment"? That's by design.

Article I

Nope, that's not actually what that Article is saying.

Grammatically speaking, it is saying that when someone - in this case the President - is impeached, the Senate cannot render judgement against him beyond removing him from office and declaring him disqualified from holding any other federal office. However, other legal bodies - like a criminal court - are still free to prosecute him for whatever it is he was impeached for and render whatever judgement is applicable by law.

Doesn't say a damned thing about impeachment being a requirement for criminal prosecution.

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

That means the party unconvicted is NOT. They made sure this thing was in plain English so people would understand it. I hope this clears that up for you.

 

[easyt65]

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

I think 'we' are putting the cart before the horse'. After 2+ years, the investigation has not provided any evidence of a crime warranting an investigation and the appointment of a Special Counsel. No evidence. No crime.... of course D-Tlaib and other Democrats are saying no need to wait for any evidence of wrong-doing / criminal activity....

 

[Cecilie1200]

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?

Off the top of my head, I'm going to say that what amounts to traffic accidents in the 19th century is very different from pretty much anything today.

 

[danielpalos]

an express Constitutional method is a check and balance.

 

[nat4900]

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

Trump certainly offers the most pressing of occasions to test out whether a president IS ABOVE THE LAW.

Trump also offers us a scenario regarding whether someone like him, who has gathered a CULT following that is willing to overlook ANY ethical, moral and legal infraction, has managed to frighten both our law makers and DOJ to conspire with him and become his Praetorian guards.

 

[Remodeling Maidiac]

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.

The only reasonable answer. Imo personally they should not be exempt from any prosecution. Course I swing a hammer for a living not a legal notepad.

 

[sparky]

Debating constitutionality or any other legaleese applicable to those obviously above it is humorous ~S~

 

[Polishprince]

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

Suppose the President were indicted, how would you expect him to continue to rule over us while defending himself before 12 angry men?

Say, he was convicted- and sent to the penitentiary. I know socialist Eugene V. Debs ran for president while in the joint- but how does one serve his nation under those circumstances? If the House doesn't want to impeach and there aren't enough votes to convict, he has to continue as President.