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BainsBane

(57,651 posts)

45. and treason or espionage?

Reply to Stinky The Clown (Reply #41)

Fri Mar 24, 2017, 02:48 PM

Mar 2017

against the USA?

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Can a president be arrested? [View all] BainsBane Mar 2017 OP

No, he really can't. MineralMan Mar 2017 #1

Why not? BainsBane Mar 2017 #2

Nothing directly in the Constitution. MineralMan Mar 2017 #4

the FBI? BainsBane Mar 2017 #8

Comey works for the President. MineralMan Mar 2017 #12

They work for the country and enforce the laws and Constitution DK504 Mar 2017 #60

YES. No one takes an oath to a person, the oaths of office are to uphold the law and Constitution. L. Coyote Mar 2017 #118

This message was self-deleted by its author KittyWampus Mar 2017 #86

MAYBE a local sheriff, for a local 'bad act' like murder. elleng Mar 2017 #20

Nope. The Secret Service would keep him away from the President. MineralMan Mar 2017 #24

Yes, they are, pretty good at building fences! elleng Mar 2017 #35

I disagree. Maru Kitteh Mar 2017 #40

See, the thing is that people are innocent until proven guilty. MineralMan Mar 2017 #43

Physical protection could easily be maintained in an arrest. Maru Kitteh Mar 2017 #53

Secret Service are law enforcement officers. Maru Kitteh Mar 2017 #61

It's funny the stuff that gets blathered around here as fact. Hassin Bin Sober Mar 2017 #88

I agree with you. hamsterjill Mar 2017 #55

The president is a CITIZEN. This isn't a tin-pot republic or North Korea. I can't Maru Kitteh Mar 2017 #65

Read up on the scuffle between the Secret Service and Dallas Police in 1963 fescuerescue Mar 2017 #83

What if he was a danger to others treestar Mar 2017 #90

They would do it themselves. fescuerescue Mar 2017 #97

What if he decided to just go out on a shooting rampage? smirkymonkey Mar 2017 #119

Your second sentence is intriguing PJMcK Mar 2017 #28

That's silliness. MineralMan Mar 2017 #37

I don't see why a state police officer could not treestar Mar 2017 #89

I was told by a Constable that they are the only ones who can arrest the President. Dustlawyer Mar 2017 #106

Senate Sergeant at Arms neoredpill May 2017 #126

The process is impeachment, removal, and indictment. DemocratSinceBirth Mar 2017 #5

what if he kills someone? and everyone sees? Jonny Appleseed Mar 2017 #3

I can't imagine that is a likely situation, really. MineralMan Mar 2017 #6

I think you have no idea what you are talking about tgards79 Mar 2017 #27

Please explain what you mean PJMcK Mar 2017 #33

It was impolite, to be sure, but allow me to interject Maru Kitteh Mar 2017 #44

It's good to know what you think, for sure. MineralMan Mar 2017 #39

They likely would physically stop him and wait for him to be impeached and removed. DemocratSinceBirth Mar 2017 #9

I'm sure they'll do their jobs to protect themselves and others. dalton99a Mar 2017 #13

Ditto curious. elleng Mar 2017 #22

He would have to to impeached in the House and convicted in the Senate. pnwmom Mar 2017 #87

Or takes hostages ? treestar Mar 2017 #91

The SS would do it themselves fescuerescue Mar 2017 #98

More likely bmbmd Mar 2017 #109

id like to citizens arrest him MFM008 Mar 2017 #7

Yes. But only by the Sargent of Arms of the Senate who is Frank J. Larkin Kaleva Mar 2017 #10

Following conviction in the Senate, you mean? BainsBane Mar 2017 #11

Impeachment trials aren't criminal proceedings. nt Tommy_Carcetti Mar 2017 #15

I know BainsBane Mar 2017 #18

And specifically they do not attach jeopardy, per the Constitution (nt) Recursion Mar 2017 #116

No. Kaleva Mar 2017 #17

That doesn't mean someone else couldn't arrest a president for breaking BainsBane Mar 2017 #19

As I understand it, the president has sovereign immunity. Kaleva Mar 2017 #25

Huh???? tgards79 Mar 2017 #30

Soverign immunity BainsBane Mar 2017 #34

It's been decades since I took a Civics class so I could be wrong on that. Kaleva Mar 2017 #46

If you actually go to the URL you included, you'll find they've removed the "even the president". nt PoliticAverse Mar 2017 #52

The president is the chief law enforcement officer in the country PJMcK Mar 2017 #14

Under this logic, an regular officer could not arrest a police chief or commisioner Maru Kitteh Mar 2017 #49

If he commits a state crime, such as murder, he would be subject to state prosecution. Hassin Bin Sober Mar 2017 #62

Of course you're correct PJMcK Mar 2017 #92

Incorrect Lee-Lee Mar 2017 #117

Thanks for the clarification PJMcK Mar 2017 #122

I can't find any law that would prohibit it Lee-Lee Mar 2017 #125

What about Bill Clinton? He wasn't arrested but his accusers could bring a suit against him cheyanne Mar 2017 #16

Presidents can be sued, but not arrested. DemocratSinceBirth Mar 2017 #21

but what says he can't be arrested? BainsBane Mar 2017 #26

That is why impeachment is a remedy. DemocratSinceBirth Mar 2017 #32

okay, hypothetical BainsBane Mar 2017 #42

You would have a crisis. DemocratSinceBirth Mar 2017 #58

From a certain perspective, yes, the president is above the law PJMcK Mar 2017 #47

that was a civil suit BainsBane Mar 2017 #23

Yes. A president can be arrested. Maru Kitteh Mar 2017 #29

Thank you. tgards79 Mar 2017 #31

I can't believe this is even a question. The president is a CITIZEN. This is not a Maru Kitteh Mar 2017 #63

It's a question because of how our Constitution is set up, not people's opinions. See #48 below. nt stevenleser Mar 2017 #71

President Grant was arrested for speeding. Maru Kitteh Mar 2017 #74

Yes, I know you think that proves something, but it doesnt. This isn't the 1800s. nt stevenleser Mar 2017 #78

Wow. Bad day for you? Maru Kitteh Mar 2017 #79

Nope, Post #48 shows actual constitutional scholars considering the question. We don't need to guess stevenleser Mar 2017 #80

I don't really care. Absent codification it's just so much theory. nt Maru Kitteh Mar 2017 #85

It's not theory, and it's not complicated. nt stevenleser Mar 2017 #124

Interesting. Presumably that would be cited as precedent if it ever came to a SC case on the issue? Kentonio Mar 2017 #113

Sure, but it'd have to be something pretty obvious. Like knocking over a liquor store Bucky Mar 2017 #66

Yeah, movies are great. Maru Kitteh Mar 2017 #68

That's not what happened in that movie titled "Absolute Power" stevenleser Mar 2017 #70

You're free to believe that, but I have alternative facts! Bucky Mar 2017 #72

some of this isn't know for sure until it's tested, but here's what i think: unblock Mar 2017 #36

Nobody is above the law, a president can be charged with a crime just like any other frankieallen Mar 2017 #38

Absolutely correct... ADX Mar 2017 #51

I suspect if he, let's say, committed murder by his own hand, he'd be arrested. Stinky The Clown Mar 2017 #41

and treason or espionage? BainsBane Mar 2017 #45

Those crimes are just as serious as murder, so, yeah. Stinky The Clown Mar 2017 #64

But here, the treason may occur within the scope of official duties Bucky Mar 2017 #67

In his case the treason predates his presidency, quite likely Stinky The Clown Mar 2017 #82

Leading scholars: There is no clear answer to the question. See below onenote Mar 2017 #48

After Trump, new provisions will have to be made... Orsino Mar 2017 #103

It supposedly has happened before... Louis1895 Mar 2017 #50

Great story! BainsBane Mar 2017 #69

Impeached first, then arrested still_one Mar 2017 #54

Most likely not cemaphonic Mar 2017 #56

no but you can sue them burnbaby Mar 2017 #57

I would think if he was involved in something like child porn, murder or arson LeftInTX Mar 2017 #59

The short answer to your question is No, he really can't. There is more to it obviously. stevenleser Mar 2017 #73

Not only can it happen - it has happened. Maru Kitteh Mar 2017 #75

I read it. It still can't happen. This isn't the 1800s. nt stevenleser Mar 2017 #76

The actual short answer is no one onows onenote Mar 2017 #95

I saw post 48. Reading between the lines of the discussion, the answer is no. stevenleser Mar 2017 #123

President Grant was arrested for speeding. They impounded his buggy and presumably he had to walk Maru Kitteh Mar 2017 #77

Great Catch grantcart Mar 2017 #84

That "no one is above the law" is a catchy, feel good saying. But that's about all it is. Solly Mack Mar 2017 #81

He/she would need impeached and then convicted by the Senate. Buckeye_Democrat Mar 2017 #93

Can a sitting President be indicted and convicted of a crime? meow2u3 Mar 2017 #94

See post 48. onenote Mar 2017 #96

Yes, criminal indictment is what I should have said BainsBane Mar 2017 #99

Yes, a president CAN be arrested for crimes. Foamfollower Mar 2017 #100

but what if the president's party refuses to impeach? BainsBane Mar 2017 #101

I believe there are lots of LEOs who rock Mar 2017 #102

I don't think the Secret Service is going to allow you to put the pres in cuffs and take him away. DemocratSinceBirth Mar 2017 #104

I don't believe you read my post. Foamfollower Mar 2017 #105

I was referring to rock who said a sitting president could be arrested. DemocratSinceBirth Mar 2017 #108

I believe the SCOTUS would rule such a pardon unconstitutional. Foamfollower Mar 2017 #110

Which opens a new question. Kentonio Mar 2017 #114

yes but mnmoderatedem Mar 2017 #107

Reading this newblewtoo Mar 2017 #111

Unknown, especially since a President is in a sense "two people" Lurks Often Mar 2017 #112

In theory any state or local LEO would have authority to arrest for arrestable offenses in their Lee-Lee Mar 2017 #115

Such an interesting question ismnotwasm Mar 2017 #120

Nixon was pardoned by Ford laserhaas Mar 2017 #121