Posted on Feb 26, 2019
Can a sitting U.S. president face criminal charges?
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Posted >1 y ago
Responses: 9
No, not while serving. There were two opinion letters issued by the Attorney General -- 1 under a Democrat and 1 under a Republican presidency. However, after removal or resignation, most agree that a person might be charged for treason, high-crimes, etc. -- but not while C.I.C. Constitutionally speaking, a sitting president would have to be "charged" first by House vote of "impeachment", which is nothing more than an "indictment" -- followed by a trial in the Senate, and if convicted -- by a 'super-majority' of 2/3rds vote (67 Senators agreeing) -- the president could be removed. It'll never happen, if you think Trump could be thrown out. He might be "impeached" by the House, but it will not survive a vote in the Senate requiring 67 out of 100 votes.
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Sgt (Join to see)
Agreed, the letters of A.G. respective opinions are not law; nonetheless, and with all due respect, in the realm of political reality to both parties (Dems & Reps) these are customs with little distinction from other "opinions-turned-rule" by authorities, such as the unconstitutional 60-vote majority in the Senate. There are plenty of "threats" to jettison it but the reality is -- it's not likely to happen in my remaining lifetime. Seems to me, that both parties would be afraid to challenge the issue after decades in effect. And, if either side choses to take the first step in that political setting (a so-called "Constitutional crisis") to attack our Constitution and the rule of law in our capitalist republic, they'd better be ready to defend every miniscule part of the assault on our 230 some-odd year old nation. We've had to decide things through internal conflict historically, as in thousands of controversial SCOTUS rullings or civil war; however, the same Constitution that most of us took an oath to defend -- has survived much tougher challenges than the attacks of local dogs biting at the pants-cuff. There's no doubt, we will all learn something from it.
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Sgt (Join to see)
Capt Gregory Prickett - You deserve a reply ...I have my view and you have yours but I won't parse words with you and skip the subject at hand. Have a great day.
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I have been following that question for some time now. It seems no one knows for certain. DoJ has a "policy" that states no POTUS can be indicted. But that is not law.
I have a feeling that if there are charges filed against Trump, we will get the answer.
I have a feeling that if there are charges filed against Trump, we will get the answer.
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SPC Erich Guenther
Actually I think it is the law and is constitutional and is commonly done for civilians. Deferrment of charges are done for civilians when they are not available to face prosecution such as in jail in another state or out of the country. This is done because in some cases when charges are filed then a clock starts ticking to when the case has to be tried. I think most DA's or Prosecutors can make the call to defer charges until a later date.
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Don't think we'll ever get a realistic answer on this in the near future. Any answer will be politically motivated. Do think we need a definitive answer to this and I can't see where the Constitution prohibits it. Right now everyone is hanging their hat on a DOJ policy that was actually created for Spiro Agnew.
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