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tikka

(762 posts)
Sun Dec 31, 2017, 05:04 AM Dec 2017

If trump goes to trial at the state level and the constitutional issue of whether a sitting

can be indicted goes against him. Is there any realistic chance he would be found guilty? All it would take is for one of his die hard supporters to lie in voir dire and there is your mistrial waiting to happen.

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If trump goes to trial at the state level and the constitutional issue of whether a sitting (Original Post) tikka Dec 2017 OP
Going to trial at a state level is an impeachable offense, IMO. roamer65 Dec 2017 #1
Trial would likely be in New York thbobby Dec 2017 #2
he will not go to trial while he is in office . but hope he does afterwards. JI7 Dec 2017 #3
From the White House to the Big House. Buns_of_Fire Dec 2017 #4
Republicans might impeach but never remove Freelancer Dec 2017 #5
I believe that... NewEnglandAutumn Dec 2017 #6
Need stickers: WTFU You elected a TRAITOR lostnfound Dec 2017 #7
In fact, ALL politicians say that everyone is treated equally under the law rock Dec 2017 #8
to my mind, it's hard to say that a president can be tried in civil court but not criminal court unblock Dec 2017 #9

roamer65

(36,745 posts)
1. Going to trial at a state level is an impeachable offense, IMO.
Sun Dec 31, 2017, 05:16 AM
Dec 2017

It fits into “high crimes and misdemeanors” quite well. Even “unindicted conspiracy” does as well, as in the case of Nixon. The framers left us wide latitude on impeachment and removal for good reason.

I do believe the president needs to be impeached and removed before criminal proceedings can go forward.

thbobby

(1,474 posts)
2. Trial would likely be in New York
Sun Dec 31, 2017, 05:17 AM
Dec 2017

I am from Texas. He would probably be safe here.

New York gives us a good chance.

The movie Mississippi Burning: Hackman said "Murder is a state charge and none of these hay seeds will convict him". Quote is close, but may not be exact.

Funny how the more things change, the more they stay the same.

Buns_of_Fire

(17,187 posts)
4. From the White House to the Big House.
Sun Dec 31, 2017, 06:34 AM
Dec 2017

When the new First Family waves 'bye' as Marine One lifts off, they can be secure in the knowledge that it isn't headed for Andrews AFB, but directly to the nearest federal court.

Then, after conviction, I'm willing to let him remain in "Xanadu" (the former Trump Tower, now nationalized as the nation's newest federal correctional facility) in his old apartment with the peeling gold RustOleum-covered toilets and bric-a-brac.

There, he will spend the rest of his days watching old Fox newscasts of his 2016 rallies, as his apartment/cell slowly fills with old KFC boxes.

And, on that final day, he will drift away in bed, his MAGA hat falling from his pudgy little fingers into a tub of gravy as his final enigmatic word "Pootie" drifts from his lips.

Freelancer

(2,107 posts)
5. Republicans might impeach but never remove
Sun Dec 31, 2017, 07:06 AM
Dec 2017

They'd let the whole country sink before they'd have another criminal president on their side.

It's like "Southpark." Kenny always gets it -- never Cartman, and Trump is definitely a Cartman.

NewEnglandAutumn

(184 posts)
6. I believe that...
Sun Dec 31, 2017, 08:01 AM
Dec 2017

a) Back when Bill Clinton was POTUS the GOP went to court and argued that a sitting president could be sued and indicted. I believe the courts agreed with the GOP.
b) His favorability ratings are low and falling; particularly in NY.
c)If he were indicted NY is the most logical place to do it. After all that is where he lives, pretends to work, and is where quite a lot of his questionable actions took place.
d) A mistrial is not an innocent verdict; if it were to go that far I would imagine that the DA would simply retry the case.

I think it is very unlikely that it would go that far. If Anyone can get him to testify under oath in front of congress or perhaps even in a recorded deposition his failing cognitive function would become a major issue for the GOP. His staff can barely contain his outbursts and impairment now.

lostnfound

(16,187 posts)
7. Need stickers: WTFU You elected a TRAITOR
Sun Dec 31, 2017, 08:45 AM
Dec 2017

Maybe Mueller ending up with the kompromat on all of the GOP and picking them off one by one will make a difference.

If he has the goods on Nunez or McConnell, what then?

rock

(13,218 posts)
8. In fact, ALL politicians say that everyone is treated equally under the law
Sun Dec 31, 2017, 10:46 AM
Dec 2017

I see no reason or legal argument why you can't indict a sitting president, if you've got got enough balls (metaphoric)!

unblock

(52,277 posts)
9. to my mind, it's hard to say that a president can be tried in civil court but not criminal court
Sun Dec 31, 2017, 10:59 AM
Dec 2017

the jones v. clinton case was allowed to proceed against a sitting president, that went to the supreme court.

while one might generally expect this court to be partisan in favor of the republican side 5-4, they'd then have to come up with a rationale for why a civil case can proceed but not a criminal case.

it's true that a criminal trial is not the same thing as a civil trial, and the penalties can certainly be very different, but we're not talking about the *sentence* being carried out while the president is in office -- that's a different question -- just if the trial itself can be carried out while the president is in office.

the clinton side must have made arguments about how important the president's time is and how this is a distraction and could lead to abuse and many frivolous, politically motivated cases. but the supreme court rejected those arguments, which would be the same arguments they would make to say criminal cases should be delayed until the president is out of office.


so imho, they would likely rule that a criminal case can proceed.

the interesting question is whether a prison sentence can be carried out while the president is still in office. the argument that imprisonment interferes with running the country is far more compelling than the argument that attending a trial does.

of course, one would expect congress to impeach upon a conviction, but knowing this cult, they would insist it was all a political witch hunt, blah, blah, blah....

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