General Discussion

pnwmom

(108,978 posts) Thu Aug 23, 2018, 10:06 PM Aug 2018

So let's assume that the Justice Dept can't indict a sitting President,

though I know there's some debate about that.

What is there to prevent NY Attorney General or the Manhattan D.A. from prosecuting Trump?

The Constitution doesn't say anything about that, does it?

20 replies

= new reply since forum marked as read

Highlight:

So let's assume that the Justice Dept can't indict a sitting President, (Original Post) pnwmom Aug 2018 OP

Manhattan DA is the Justice Department. Bernardo de La Paz Aug 2018 #1

It's not part of the New York state justice system? pnwmom Aug 2018 #2

I think I made a mistake. It seems to be a term with broad application. Bernardo de La Paz Aug 2018 #9

So they're federal then? Damn ... o well uponit7771 Aug 2018 #3

Manhattan DA has nothing to do with the federal Justice Dept Jersey Devil Aug 2018 #6

Thanks. . . . nt Bernardo de La Paz Aug 2018 #10

Yes, a state can indict Trump marylandblue Aug 2018 #4

I have heard they might seal indictments BigmanPigman Aug 2018 #5

Trump should be treated no differently than Clinton was. procon Aug 2018 #7

There's Nothing in the Constitution That States a President is Above the Law dlk Aug 2018 #8

True, but most theories against indictment say "while in office", Bernardo de La Paz Aug 2018 #16

Could NY State seize Trump's property? C_U_L8R Aug 2018 #11

In my opinion Sherman A1 Aug 2018 #18

He could be indicted on state charges. unblock Aug 2018 #12

DOJ says "We can't indict a President!" and then Sarah Huckleberry says, struggle4progress Aug 2018 #13

Here is your answer. 👏 Claritie Pixie Aug 2018 #14

That's a prosecution of the Trump Org -- not necessarily of DT personally. pnwmom Aug 2018 #15

That's how they get him. Through his business. Claritie Pixie Aug 2018 #17

Precisely Sherman A1 Aug 2018 #19

Can someone point me to the passage in the U.S. Constitution...... TheRealNorth Aug 2018 #20

Bernardo de La Paz

(49,002 posts)

1. Manhattan DA is the Justice Department.

Reply to pnwmom (Original post)

Thu Aug 23, 2018, 10:07 PM

Aug 2018

(represents, is empowered by, etc.)

pnwmom

(108,978 posts)

2. It's not part of the New York state justice system?

Reply to Bernardo de La Paz (Reply #1)

Thu Aug 23, 2018, 10:08 PM

Aug 2018

But if it's Federal, what about the NY state A.G. Is she bound by the opinions of previous WH's about Federal prosecution of a President?

ON UPDATE:

The Manhattan District Attorney is an elected position and I don't see a connection with the Federal system.

https://www.manhattanda.org/about-the-office/history-of-the-office/

Bernardo de La Paz

(49,002 posts)

9. I think I made a mistake. It seems to be a term with broad application.

Reply to pnwmom (Reply #2)

Thu Aug 23, 2018, 10:12 PM

Aug 2018

I was thinking of "US District Attorney", I suppose, which is much more specific and the "US" part is added to make that clear.

Sorry.

uponit7771

(90,339 posts)

3. So they're federal then? Damn ... o well

Reply to Bernardo de La Paz (Reply #1)

Thu Aug 23, 2018, 10:08 PM

Aug 2018

Jersey Devil

(9,874 posts)

6. Manhattan DA has nothing to do with the federal Justice Dept

Reply to Bernardo de La Paz (Reply #1)

Thu Aug 23, 2018, 10:10 PM

Aug 2018

The Manhattan DA is part of NY State. The office that is a part of the federal Justice Dept is SDNY, the Southern District of New York, which prosecuted Michael Cohen.

Bernardo de La Paz

(49,002 posts)

10. Thanks. . . . nt

Reply to Jersey Devil (Reply #6)

Thu Aug 23, 2018, 10:12 PM

Aug 2018

marylandblue

(12,344 posts)

4. Yes, a state can indict Trump

Reply to pnwmom (Original post)

Thu Aug 23, 2018, 10:10 PM

Aug 2018

No doubt federal courts will rule on whether the indictment has any effect, but they can't force the state to withdraw the indictment, so it would still be waiting for him when he leaves office

BigmanPigman

(51,593 posts)

5. I have heard they might seal indictments

Reply to pnwmom (Original post)

Thu Aug 23, 2018, 10:10 PM

Aug 2018

until he is out of office so maybe My can do the same. They should be able to nail his company which would nail his three brats as well as making him broke again (no Russian $$$ to help pay for his attorney fees this time and no future loans).

procon

(15,805 posts)

7. Trump should be treated no differently than Clinton was.

Reply to pnwmom (Original post)

Thu Aug 23, 2018, 10:11 PM

Aug 2018

Gather the evidence, get his testimony under oath and go where the facts lead.

dlk

(11,566 posts)

8. There's Nothing in the Constitution That States a President is Above the Law

Reply to pnwmom (Original post)

Thu Aug 23, 2018, 10:12 PM

Aug 2018

The framers escaped a mad king.

Bernardo de La Paz

(49,002 posts)

16. True, but most theories against indictment say "while in office",

Reply to dlk (Reply #8)

Thu Aug 23, 2018, 10:17 PM

Aug 2018

... the idea supposedly being that a President is working too hard for the nation to have to be distracted in that highly personal way.

If we believe the tRumpanzees that describes tRump.

Alternatively, he is such a master at 4D chess that he has lots of time left over for golf, so he should be able to handle any number of indictments, skillfully directing novel and powerful defenses with ease.

C_U_L8R

(45,002 posts)

11. Could NY State seize Trump's property?

Reply to pnwmom (Original post)

Thu Aug 23, 2018, 10:13 PM

Aug 2018

If this was a mob case, it seems they would.

Sherman A1

(38,958 posts)

18. In my opinion

Reply to C_U_L8R (Reply #11)

Thu Aug 23, 2018, 10:36 PM

Aug 2018

The property seizure is the answer to the whole issue. Go after the money and property of the foundation and the business. I suspect that it would fold like a house of cards.