General Discussion

MedusaX

(1,129 posts)

11. *45 shades of constitutional grey exist....

Sat Jun 10, 2017, 03:18 AM

Jun 2017

Presidential Indictment Possibilities

1. Can be indicted for acts that occurred before inauguration

https://www.usnews.com/news/politics/articles/2016-11-10/lawsuits-against-donald-trump-unprecedented-for-president-elect

2. Can be indicted for acts occurring after inauguration
But trial cannot take place until out of office.....
... the indictment should give House/Senate sufficient concern so as to consider impeachment proceedings

3. There is a vast amount of grey area w/regards to presidential immunity...
most of which has to do with making a distinction between acts
which took place within the scope of official POTUS duties and
acts that are considered NOT within the scope (slander, defamation, assault, etc)

4. Another Grey Area involves violating the emoluments clause

5. The most interesting grey area is related to a perceived need, by SCOTUS,
to restore "Balance" to the powers which are shared but separate, amongst the three branches....
the article linked below is long but VERY VERY relevant......

https://www.lawfareblog.com/can-presidents-absolute-immunity-be-trumped

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Is it really true that yu can't charge a president with a crime? That doesn't make sense to me. [View all] napi21 Jun 2017 OP

Of course that's not true. frankieallen Jun 2017 #1

Thanks, but so many are saying it, how csn I disprove it? All I've got is that it doesn't make napi21 Jun 2017 #3

A president needs to be impeached first. madaboutharry Jun 2017 #2

So you're saying you can't. Where do you find this info to prove it? nt napi21 Jun 2017 #5

False. No where does anything say that, you just made that up frankieallen Jun 2017 #24

But this isn't going to happen mitch96 Jun 2017 #27

Totally wrong. The two are completely independent of one another. bitterross Jun 2017 #31

It seems to me if it can be proven that he's an agent of a foreign government underthematrix Jun 2017 #4

Well, I don't know about all that. I guess your example is possible, but frankieallen Jun 2017 #23

In practice, the President would need to be impeached first. BzaDem Jun 2017 #6

Can a state court try him for a state crime? tinrobot Jun 2017 #7

Even if it were possible and he were convicted, that wouldnt remove him from office. NYC Liberal Jun 2017 #10

Such a prosecution would run into different problems. BzaDem Jun 2017 #13

possible but not likely beachbum bob Jun 2017 #16

I suppose a president can pardon himself customerserviceguy Jun 2017 #8

Well...is gray area.... Xolodno Jun 2017 #9

So far, only one witness, Comey, is under oath.... bresue Jun 2017 #21

I really didn't hear anything in Comey's testamony frankieallen Jun 2017 #25

Comey laid out a careful scenario with many details.... bresue Jun 2017 #29

*45 shades of constitutional grey exist.... MedusaX Jun 2017 #11

The longstanding position of the Justice Department is that a sitting president is not amenable tritsofme Jun 2017 #12

Everything I've heard is that DeminPennswoods Jun 2017 #14

What if he was installed as in a coup...not legally elected? judesedit Jun 2017 #15

impeachment still would have to happen beachbum bob Jun 2017 #17

Then we would be and perhaps we are in Voltaire2 Jun 2017 #19

The president could pardon himself for any federal Voltaire2 Jun 2017 #18

It is not settled law DefenseLawyer Jun 2017 #20

The charges against him need to be numerous and severe with Ilsa Jun 2017 #22

I know! It doesn't seem fair at all. He above all people should set the best example and be held luvMIdog Jun 2017 #26

Yes & no and we're in uncharted legal waters now. Lurks Often Jun 2017 #28

http://www.nytimes.com/1998/01/25/weekinreview/the-nation-a-primer-prosecuting-a-president.html appleannie1943 Jun 2017 #30