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The Velveteen Ocelot

(130,826 posts)
14. It's not clear. The Supremacy Clause of the Constitution says:
Sat Aug 25, 2018, 06:02 PM
Aug 2018

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." This is the basis of the doctrine of federal preemption, which means that a federal law will always prevail over a contrary state law, and applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies or constitutions.

The DoJ has taken the position twice that the president is not subject to indictment while in office and that no criminal charges can proceed against him unless he's either removed from office by impeachment or has served out his term. This is just a policy position based on Office of Legal Counsel memoranda written during the Watergate scandal and again in 2000, so it's not really a law. It's still unresolved whether a sitting president can be indicted.

However, if the Supreme Court were to rule that the indictment of a president is unconstitutional under separation of powers or other theories, that decision would prevail over all indictments, including those arising in state courts.

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I think they should try it mainstreetonce Aug 2018 #1
No reason they couldn't. Glamrock Aug 2018 #2
I'll even take DC city prosecutors NotASurfer Aug 2018 #3
That was only because the reckless driving ticket hadn't been invented yet jmowreader Aug 2018 #8
Did they break state law? uppityperson Aug 2018 #4
State tax laws for starters.... 2naSalit Aug 2018 #7
The Presidential pardon power is limited to Federal actions. guillaumeb Aug 2018 #5
There's no law that says a pres can't be indicted, by anybody... Wounded Bear Aug 2018 #6
Are people saying he can't be indicted by Mueller BigmanPigman Aug 2018 #9
Do we know when the Justice Department policy began? kentuck Aug 2018 #10
It dates back at least to 1973. Reaffirmed in 2000. onenote Aug 2018 #19
Yes, he can. roamer65 Aug 2018 #11
Again, no federal law exist that prevents indictment of a president beachbum bob Aug 2018 #12
Any jurisdiction can indict for laws broken in their jurisdiction...whether or not US Supreme Court hlthe2b Aug 2018 #13
Good info! kentuck Aug 2018 #15
It's not clear. The Supremacy Clause of the Constitution says: The Velveteen Ocelot Aug 2018 #14
That would help explain why marijuana laws do not exempt Federal laws... kentuck Aug 2018 #17
No ambiguity at all. Federal law prevails over contrary state law, always. The Velveteen Ocelot Aug 2018 #18
Yeah, the Executive has fairly broad ability to selectively enforce some laws... Wounded Bear Aug 2018 #20
Soon as Trump hears the story on FOX... kentuck Aug 2018 #21
In a word, yes. George II Aug 2018 #16
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