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Can a sitting President be indicted?

Can a sitting president be indicted?


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Jetboogieman

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Once again, I always like to plug a great youtuber when possible as there are some channels out there with more value than anything on TV.

LegalEagle is one of those guys, no partisanship, no nonsense, the cold hard legal facts.


So once you’ve seen this video, should you choose to and I highly encourage you to do so, what is your answer?

Ill admit, I don’t know, seems a very tough question but you never know, we may just find out...
 

haymarket

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Absolutely he can keeping with the sacred principles that no man is above the law.

The real question that applies to Trump is can he be indicted more times than bald spots that his hideous comb over attempts to hide?
 
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Helix

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Yes. No American is above the law.
 

Josie

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Why not? Trump (or any President) is not above the law.
 

Mach

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Looks like if you ask Republicans when it's a Democratic president on the block, sure, why not!
1 Yes: 1998 Conservative Legal Scholar, requested by Republican partisan Ken Starr vs Democratic President Bill Clinton
 

Mycroft

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Once again, I always like to plug a great youtuber when possible as there are some channels out there with more value than anything on TV.

LegalEagle is one of those guys, no partisanship, no nonsense, the cold hard legal facts.


So once you’ve seen this video, should you choose to and I highly encourage you to do so, what is your answer?

Ill admit, I don’t know, seems a very tough question but you never know, we may just find out...

To answer the question in your thread title...maybe...maybe not.

However, I would counsel those who eagerly say a sitting President can be indicted to be careful what you wish for. You might get it.
 

TheRepublican

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This should be a question that should be upheld in the United States Supreme Court when we still got a balanced bench
 

Captain Adverse

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The issue is not "being above the law," but rather being subject to possible nuisance charges from State's run by political opponents.

An indictment is a charge seeking a trial in court. Per our Constitution a person has a right to a speedy trial, but such a trial takes time and would be a distraction for a seated President.

We have a methodology in place to remove a seated President making him subject to such prosecution, it's called Impeachment for high crimes and misdemeanors.

Congress can vote to impeach based on alleged crimes, and the Senate can vote to remove the President from office. THEN he can be charged and tried for those crimes.
 
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apdst

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Once again, I always like to plug a great youtuber when possible as there are some channels out there with more value than anything on TV.

LegalEagle is one of those guys, no partisanship, no nonsense, the cold hard legal facts.


So once you’ve seen this video, should you choose to and I highly encourage you to do so, what is your answer?

Ill admit, I don’t know, seems a very tough question but you never know, we may just find out...

No....
 

uptower

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So far it seems to be a DOJ guideline, but can they override a state court? Can the attorney general change the rule? A sitting president can certainly be impeached and with enough evidence there's a chance even the GOP will swing that way, despite their fears of Trump's base (it's not their base anymore, they're just riding his coattails).

But if the only defense the Trump supporters have left is 'Nyah, Nyah, you can't indict a sitting president' isn't that itself an admission they know he's guilty?

Not knowing all the layers and complexities here are some scenarios that people with more knowledge of constitutional law here can probably answer with some confidence:

1. A district court (or several of them) finds him guilty but cannot sentence him till his term is up.
2. Mueller recommends indictment to the DOJ, to begin when his term is up.
3. The house attempts impeachment; again and again on multiple charges (this is assuming they can't get it past senate)
4. The Nixon route: Congress moves to impeach; Trump resigns to avoid it
5. 25th amendment - his behavior becomes so much worse amid the above scenarios brewing, that his cabinet removes him.
 

apdst

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CLAX1911

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Once again, I always like to plug a great youtuber when possible as there are some channels out there with more value than anything on TV.

LegalEagle is one of those guys, no partisanship, no nonsense, the cold hard legal facts.


So once you’ve seen this video, should you choose to and I highly encourage you to do so, what is your answer?

Ill admit, I don’t know, seems a very tough question but you never know, we may just find out...

No, they would be impeached.
 

Middle_Ground

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Yes....its pretty simple if the supreme court decided a sitting president could be deposed and go thru a civil case while president, then the bar should be no higher for a criminal case.
Why is their a difference?
If the court finds the sitting president guilty and has to do jail time their can be a stay of sentence until the Congress gets thru its political process or the president finishes his term.
If we are a nation of laws and no one is above the law, and all the tough on crime bull**** is just that bull****.
 

Rexedgar

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Yep! There you have it...

Can you link the “test case?”

I would include a link, but with your strong legal acumen, I didn’t want to offend......
 

apdst

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So far it seems to be a DOJ guideline, but can they override a state court? Can the attorney general change the rule? A sitting president can certainly be impeached and with enough evidence there's a chance even the GOP will swing that way, despite their fears of Trump's base (it's not their base anymore, they're just riding his coattails).

But if the only defense the Trump supporters have left is 'Nyah, Nyah, you can't indict a sitting president' isn't that itself an admission they know he's guilty?

Not knowing all the layers and complexities here are some scenarios that people with more knowledge of constitutional law here can probably answer with some confidence:

1. A district court (or several of them) finds him guilty but cannot sentence him till his term is up.
2. Mueller recommends indictment to the DOJ, to begin when his term is up.
3. The house attempts impeachment; again and again on multiple charges (this is assuming they can't get it past senate)
4. The Nixon route: Congress moves to impeach; Trump resigns to avoid it
5. 25th amendment - his behavior becomes so much worse amid the above scenarios brewing, that his cabinet removes him.

#1 can't happen, because a sitting president can't be indicted.

#2 can't happen, because:

§ 600.7 Conduct and accountability.
(a) A Special Counsel shall comply with the rules, regulations, procedures, practices and policies of the Department of Justice. He or she shall consult with appropriate offices within the Department for guidance with respect to established practices, policies and procedures of the Department, including ethics and security regulations and procedures. Should the Special Counsel conclude that the extraordinary circumstances of any particular decision would render compliance with required review and approval procedures by the designated Departmental component inappropriate, he or she may consult directly with the Attorney General.
 

apdst

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Can you link the “test case?”

I would include a link, but with your strong legal acumen, I didn’t want to offend......

No need. The rules are the rules, no matter how many smart ass comments you post.

The question is: can a sitting president be indicted?

The answer is: no.
 

apdst

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Yes....its pretty simple if the supreme court decided a sitting president could be deposed and go thru a civil case while president, then the bar should be no higher for a criminal case.
Why is their a difference?
If the court finds the sitting president guilty and has to do jail time their can be a stay of sentence until the Congress gets thru its political process or the president finishes his term.
If we are a nation of laws and no one is above the law, and all the tough on crime bull**** is just that bull****.

That's what impeachment is for.
 

iguanaman

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The issue is not "being above the law," but rather being subject to possible nuisance charges from State's run by political opponents.

An indictment is a charge seeking a trial in court. Per our Constitution a person has a right to a speedy trial, but such a trial takes time and would be a distraction for a seated President.

We have a methodology in place to remove a seated President making him subject to such prosecution, it's called Impeachment for high crimes and misdemeanors.

Congress can vote to impeach based on alleged crimes, and the Senate can vote to remove the President from office. THEN he can be charged and tried for those crimes.

So if a hypothetical Presidential candidate breaks the law in order to get elected he should automatically be pardoned for that crime if he wins? That does not sound right. Doesn't it set a bad precedent? Are we a nation of laws or not?
 

apdst

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So if a hypothetical Presidential candidate breaks the law in order to get elected he should automatically be pardoned for that crime if he wins? That does not sound right. Doesn't it set a bad precedent? Are we a nation of laws or not?

Why not impeach him, like The Constitution says?
 

iguanaman

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Why not impeach him, like The Constitution says?

Perhaps his party does not want to impeach him and they are in power. Does that mean he can't commit a crime? There is nothing in the Constitution that says a President can't be indicted.
 

Middle_Ground

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That's what impeachment is for.

Impeachment is a political process not a legal one.
The purpose of laws and the justice system is for people to pay for crimes. The president is no different, he should face justice like every other citizen in the country.
 

apdst

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Impeachment is a political process not a legal one.
The purpose of laws and the justice system is for people to pay for crimes. The president is no different, he should face justice like every other citizen in the country.

Impeach, then indict. It's that simple.

If a president is indicted, he doesn't stop being president.
 

apdst

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Perhaps his party does not want to impeach him and they are in power. Does that mean he can't commit a crime? There is nothing in the Constitution that says a President can't be indicted.

It means, that he's still The President of The United States, even if he's indicted.
 

AGENT J

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"Can a sitting president be indicted?"

Yes of course.
What legally says he factually cant or legal mechanism factually stops that possibility?

Nothing that i know of but I'll gladly admit I'm wrong (and ignorant of one) if one can be presented. :shrug:
 
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