General Discussion

Chin music

(24,999 posts)

43. Why hasnt Congress enacted a law saying he's not above the law? Even if it wouldnt pass

Reply to wt1531 (Original post)

Thu May 30, 2019, 08:38 PM

May 2019

the Senate or be signed by him? Why no law to that effect?

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

78 replies

= new reply since forum marked as read

Highlight:

So if a President murders someone, he can't be charged as long as he is in office?? Who came up with [View all] wt1531 May 2019 OP

Well, the OLC interpretation has not been legally challenged. If something like that happened, I'd hlthe2b May 2019 #1

Of course the arresting officers Turbineguy May 2019 #3

I would doubt they'd even try to physically "acquire" him. They notify'd that a warrant had hlthe2b May 2019 #7

His accomplices Harker May 2019 #53

But in this case the President is merely trying to destroy our democratic institutions and institute coti May 2019 #6

I believe he can be both indicted and tried. So do several consitutional experts. hlthe2b May 2019 #9

Yeah, I'd go so far as to say that it's self-evident there isn't this one freaking guy in the coti May 2019 #10

Strongly recommend you read this--written by a lawyer for Spiro Agnew who tells the bizarre hlthe2b May 2019 #15

Thank you. trof May 2019 #21

Also, thank you for this link. erronis May 2019 #37

What I took from Mueller Smackdown2019 May 2019 #40

Yeah, the policy is completely absurd. There is much obvious and extremely strong coti May 2019 #2

Only on Fifth Avenue and every other street in America. Marcuse May 2019 #4

That's what the 25th amendment was supposed to remedy. defacto7 May 2019 #5

Untrue. FBaggins May 2019 #14

Thank you. defacto7 May 2019 #78

The idea that a president can't be charged with a crime while in office The Velveteen Ocelot May 2019 #8

I think, at the time the opinion was drafted, it was assumed that Congress would StarfishSaver May 2019 #12

+1000 trof May 2019 #24

If harassment by a prosecutor was such a big concern, why isn't it in the Constitution? marylandblue May 2019 #31

Lots of things aren't spelled out in the Constitution that have later been interpreted to be StarfishSaver May 2019 #48

Sure, but the opinion drafted by the OLC was designed to protect Nixon from prosecution. marylandblue May 2019 #56

My point is that the fact that something's not expressly spelled out in the Constitution, does not StarfishSaver May 2019 #61

+1 uponit7771 May 2019 #42

If trump believes that, imagine the things that happen behind closed doors on his overseas trips? Chin music May 2019 #11

It's obviously not illegal for this prez to sexually harass anyone he wants erronis May 2019 #38

Or take drugs he may not be prescribed for. Chin music May 2019 #39

This is probably the flaw in the constitution that Godel found nuxvomica May 2019 #13

That is such an incredible find by Gdel (and by you, nuxvomica). The laws are fallible erronis May 2019 #44

it only has to be one house in congress uponit7771 May 2019 #46

The Nixon and Clinton DOJs came up with the "dumb idea" former9thward May 2019 #16

Well it's mainly a republican policy. Reagan and Nixon are the reason our country is so messed up. rockfordfile May 2019 #72

OFFS, if there is one person in America who should NOT be above the law, Marie Marie May 2019 #17

If the Institutions wouldn't take action MarcA May 2019 #18

It probably never occurred to ... Whiskeytide May 2019 #19

I remember back in the olden days (two years ago), some people said, "He won't do all those things StarfishSaver May 2019 #50

The ambiguity on impeachment is one more way the framers framed us. Hassler May 2019 #20

This message was self-deleted by its author Freelancer May 2019 #22

Not if it happened on federal land, such as Washington, D.C. unblock May 2019 #25

I'm wondering if he can even be arrested according to DOJ logic. Goodheart May 2019 #23

Worse than that, he can commit crimes to get in or stay in office unblock May 2019 #26

Skies the limit apparently. Chin music May 2019 #41

Hey, seriously. Stop giving the cretin and followers ideas. Actually I think the dump.org would erronis May 2019 #47

Of course he could be indicted as soon as he leave office, unblock May 2019 #52

He could even kill political enemies AndJusticeForSome May 2019 #27

And does that mean if Trump perpetrated domestic violence against his wife no_hypocrisy May 2019 #28

By the letter of the policy, yes, as long as he was President. coti May 2019 #32

Maybe that's why Trump's reluctant to start a war with Iran and/or Venezuela. no_hypocrisy May 2019 #33

Yes, we all remember how that happened to Dubya and Cheney. Wednesdays May 2019 #74

The first step to charging a president with any crime procon May 2019 #29

That's an extreme example but truth is the president, any president is in fact above the law. all Kurt V. May 2019 #30

Rachel Maddow interviewed the author of the 1973 memo that established the principle The Blue Flower May 2019 #34

The first few pages of the Mueller Reort, Vol. 2... B Stieg May 2019 #35

Given his performance(?), anything to get in the way would be a vast improvement. erronis May 2019 #49

A Democratic president would be impeached and removed in a case like that Bettie May 2019 #36

I agree with you, Bettie - unfortunately. This is because the Democrats generally care about trying erronis May 2019 #51

Why hasnt Congress enacted a law saying he's not above the law? Even if it wouldnt pass Chin music May 2019 #43

Because it would have to be a Constitutional Amendment Polybius May 2019 #65

No. It's a policy. Not written into the constitution. Mueller misspoke there I believe. Chin music May 2019 #75

KR NT ProudProgressiveNow May 2019 #45

The Constitution is a suicide pact if the people wish it to be. aikoaiko May 2019 #54

When it was written, the Constitution that is MasonDreams May 2019 #55

If he committed certain crimes the statute of limitations could be up blueinredohio May 2019 #57

Why not toll the statutes? Chin music May 2019 #63

What happened to "No one is above the law"? yuiyoshida May 2019 #58

Supreme Court Tossed Special Prosecutor Law DallasNE May 2019 #59

The argument is something like: Because he is the sole Executive of the Exec Branch, Honeycombe8 May 2019 #60

The rule cries loudly to be put to judicial test. slumcamper May 2019 #62

Nope Polybius May 2019 #64

Move the DOJ from the Executive to the Supreme Court. Xolodno May 2019 #66

Nor does it make sense for a nation that fought a revolution against the idea.... lastlib May 2019 #67

I would bet a poll would show a vast majority of Americans would disagree with it, too coti May 2019 #68

Be careful--one poll showed 80% of Americans could name all of the "Simpsons" characters... lastlib May 2019 #70

My tweet Generic Other May 2019 #69

Yes he would. A sitting President can be charged with crimes. Only a traitor would say otherwise rockfordfile May 2019 #71

The people who wrote that DoJ policy did it to prevent Spiro Agnew OliverQ May 2019 #73

Imo, the Founding Fathers couldn't foresee a time where half the government is complicit. Oneironaut May 2019 #76

DOJ guidance would not usurp local DA's power to indict anyone, including a president beachbum bob May 2019 #77