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LanternWaste

(37,748 posts)
28. In '74, the USSC agreed to decide a question raised by the White House
Wed Feb 15, 2017, 04:23 PM
Feb 2017

In '74, the USSC agreed to decide a question raised by the White House of whether a sitting President could be criminally prosecuted. The Watergate grand jury had named Nixon as an unindicted co-conspirator, an action his lawyers said was a constitutional ''nullity,'' beyond the grand jury's authority. The issue was fully briefed and argued, but was never decided (Chief Justice Burger said it was not necessary to address that particular question in order to resolve the executive privilege issue).

The lawyer for the prosecution argued the relevant sentence in Article I (the one our own handful of armchair "experts" consistently alleges rules out any prosecution-- you know the little fellas: they interpret any disagreement with their premise as ignorance of the constitution-- an irony of gold standard) was simply the framers' way of insuring that an impeached official could not raise a double-jeopardy objection to a subsequent prosecution. He said the sentence applied to all officials who are subject to impeachment, not just the President, and so should not be interpreted as making impeachment the exclusive avenue for bringing criminal charges against a sitting President.

And bear in mnd, both VP Burr and VP Agnew and were indicted while sitting vice presidents.

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No. There isn't. MineralMan Feb 2017 #1
Could a President commit a crime and have immunity from any charges of a crime? Pachamama Feb 2017 #3
While the President is in office, he cannot be charged and tried for a crime MineralMan Feb 2017 #8
Maybe this man, Frank J. Larkin will get the honors in the future... Pachamama Feb 2017 #17
Even if the crimes were committed before his inauguration? bettyellen Feb 2017 #5
Not during his term of office. MineralMan Feb 2017 #9
There is nothing in the Constitution saying that the President can't be charged with a crime... PoliticAverse Feb 2017 #6
Yes, exactly. MineralMan Feb 2017 #11
You just conflated "removing a President" with "bringing criminal charges against a sitting yodermon Feb 2017 #12
Here is a symposium that discusses where it might be possible exboyfil Feb 2017 #20
I think there's a couple of different issues in your answer..... msanthrope Feb 2017 #39
That is an excellent question - perhaps even the District of Columbia or NY or Florida where he is a Pachamama Feb 2017 #2
Thanks for the link Sanity Claws Feb 2017 #4
"The Republicans can't control that." - Trump as Commander in Chief could stop a court martial. n/t PoliticAverse Feb 2017 #7
Can you imagine what would happen if he did? Sanity Claws Feb 2017 #10
Would there be "civil war" if he pardoned him? n/t PoliticAverse Feb 2017 #14
I don't know Sanity Claws Feb 2017 #15
Nixon was participating in obstruction of justice and was done in... PoliticAverse Feb 2017 #19
No. He could pardon him. But, there is no protection for former MineralMan Feb 2017 #13
I discussed w/ my stepfather this possible option of Trump pardoning Flynn if he is court martialed Pachamama Feb 2017 #23
Well, that all falls under the umbrella of speculation. MineralMan Feb 2017 #24
The umbrella of speculation is what we have all been discussing and what is being released now in Pachamama Feb 2017 #29
It would never get to Trump hack89 Feb 2017 #34
Considering political appointees run the military hack89 Feb 2017 #33
If he is free from Criminal Prosecution, that leaves civil. rgbecker Feb 2017 #16
there is precedent for that. a civil case against clinton was allowed to proceed while in office. unblock Feb 2017 #18
And, incidentally, it eventually led Clinton to lying and being Impeached! rgbecker Feb 2017 #21
albeit by a congress of the other party. unblock Feb 2017 #25
You can't really sue for "losing an election" but they could just sue for $$$ damages... PoliticAverse Feb 2017 #22
there are already many civil cases pending against donnie unblock Feb 2017 #27
State courts don't have jurisdiction over federal crimes. The Velveteen Ocelot Feb 2017 #26
But state AGs may bring suit in federal court, in certain instances Sanity Claws Feb 2017 #30
That was a different situation. The state AGs were representing their clients, The Velveteen Ocelot Feb 2017 #32
Thanks for the reminder re: civil as opposed to criminal jurisdiction Sanity Claws Feb 2017 #36
In '74, the USSC agreed to decide a question raised by the White House LanternWaste Feb 2017 #28
Thank you for that informative post Sanity Claws Feb 2017 #31
So everyone has to to hope for the Republicans... TrumpMania Feb 2017 #35
Hope that they are more loyal to country than to party. Sanity Claws Feb 2017 #37
Or more loyal to US and Constitution than to Russia.... Pachamama Feb 2017 #38
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