General Discussion

Lurks Often

(5,455 posts)

112. Unknown, especially since a President is in a sense "two people"

Sat Mar 25, 2017, 09:53 AM

Mar 2017

While acting under the authority of the powers of the Constitution and in the role of President, no President can be arrested, only impeached and convicted by Congress.

Acting as an individual, yes in theory that person can be arrested. In practice it would likely end up in front of SCOTUS.

The Secret Service is not going to allow anyone to arrest the President, the primary and in reality, the only role of those assigned to the Presidential detail is the protection of the President above all else. Given that the Secret Service is around the President 24/7, it is unlikely any President could commit a criminal act as the Secret Service would prevent him from doing so.

In the end this a discussion into hypothetical scenarios extraordinarily unlikely to ever happen.

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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