General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI hate this meme in the media, "A President cannot be indicted"
I'm seeing it more and more, as if it is long settled law.
Sez who? As far as I know, there is just a Justice Department memo, written decades ago, which makes this claim. That's it. There is no Federal statute or regulation which prohibits such an indictment.. More importantly, there is nothing in the Constitution about it.
Impeachment is a purely political process even though the verbiage "trial" is used. There is nothing in the impeachment language addressing whether a President can also be indicted. I believe the framers would be shocked to think we would consider it so. After all, the concept that no one is above the law was paramount in their thinking.
New times and new crimes call for new thinking. Let's not fall into the trap of letting the media's incorrect assumptions decide for us.
Iliyah
(25,111 posts)All three of the older ones (children). I don't think Tiffany qualifies (????).
marylandblue
(12,344 posts)Judge Walter Nixon (no relation) was convicted of perjury and served time in jail, still drawing a salary, before he was impeached. The only difference between impeaching a judge and a president is that presidential impeachment are presided over by the Chief Justice.
matt819
(10,749 posts)It's only said because it's never happened (at least not in the modern era). African Americans were once considered 3/5 of a man, until they weren't. And woman couldn't vote, until they could. Etc.
Only one way to find out. Indict the president. I've suggested previously that doing so would put a stop to the Kavanaugh nomination.
That said, I'm not opposed to the various viewpoints on impeachment. I have no problem with keeping everyone guessing what might happen when the Democrats take Congress. Pelosi says one thing, other Congresspeople say other things, candidates say something else. That's fine. Whatever gets out the vote.
Wellstone ruled
(34,661 posts)Like you,no one has gone there yet. And it will happen.
matt819
(10,749 posts)at least in my mind, that Mueller and his team are exploring every possibility and building their case for the indictment of a president.
Wellstone ruled
(34,661 posts)hood with Nixon. A local Congressman said this to me when I asked him about Nixon and why they never indicted him. Well,it is Political,we would most likely see the Republicans go this route if they ever get control of both houses of Congress with a Democratic President.
Gee,that happened over a DJ.
triron
(22,003 posts)moondust
(19,981 posts)I believe it vital that the President be able to focus on his never-ending tasks with as few distractions as possible. The country wants the President to be one of us who bears the same responsibilities of citizenship that all share. But I believe that the President should be excused from some of the burdens of ordinary citizenship while serving in office, argued Kavanaugh in the law-review article. He then asserted that the indictment and trial of a sitting President, moreover, would cripple the federal government, rendering it unable to function with credibility in either the international or domestic arenas. Such an outcome would ill serve the public interest, especially in times of financial or national security crisis.
~
http://www.thenation.com/article/brett-kavanaugh-argued-sitting-president-law/
Did he ever wonder why there is a Vice President?
Mr. Ected
(9,670 posts)Though I believe a proper legal basis that would distinguish this case is that many of Trump's indictable crimes were committed prior to his presidency...and an even more sensational angle might be that Trump's very candidacy may be considered conspiracy to defraud the United States based on his decades-long relationship with Russia.
dubyadiprecession
(5,711 posts)That's part of the reason we have Vice Presidents.
rickmoen
(23 posts)makes as much sense as not raising taxes on the job creators.