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Quixote1818

(28,942 posts)
Sat Nov 10, 2018, 06:12 PM Nov 2018

Can Trump be indicted once he is no longer President?

I can't seem to find anything on this. Can prosecutors just want until he is out of office then nail the bastard so he goes to jail? Ultimately, seeing him in jail would be pretty dam glorious. Just the stuff he did with Cohen would have him indicted if he hadn't won. So can that be brought up again at a later date?

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Can Trump be indicted once he is no longer President? (Original Post) Quixote1818 Nov 2018 OP
maybe thats why ford pardoned nixon..or was it just to clear the blemish off... samnsara Nov 2018 #1
I am not talking about after Impeachment but after he loses in 2020 Quixote1818 Nov 2018 #3
Yes, Donnie could resign in January 19, 2021, and pence could pardon him unblock Nov 2018 #6
And why it is so important that NY and other states bring charges--no pardons there. hlthe2b Nov 2018 #9
Of course. unblock Nov 2018 #2
Once again, for those reading your comment, he can NOT be pardoned or self-pardoned for state charge hlthe2b Nov 2018 #11
Correct. He would have to get a crony in as governor of that state unblock Nov 2018 #14
Executive privilege only applies SCantiGOP Nov 2018 #17
Is that settled law? fescuerescue Nov 2018 #28
Depends on what you're trying to assert under executive privilege unblock Nov 2018 #30
Yup. Unless of course the statute of limitations has run out. RockRaven Nov 2018 #4
My understanding is that delays by the defendant don't count against the statute of limitations unblock Nov 2018 #12
Which raises another question Jersey Devil Nov 2018 #13
Perhaps he needs to be indicted, challenge the indictment on the grounds that he is POTUS and RockRaven Nov 2018 #18
I've read arguments that this is why a president can be indicted. cos dem Nov 2018 #19
WHAT?? northoftheborder Nov 2018 #20
Sorry, I wasn't clear. cos dem Nov 2018 #21
BTW, it seems to be a bit rude to assume I'm a troll. cos dem Nov 2018 #22
Sorry, thanks for clarifying. northoftheborder Nov 2018 #23
Of course he can for any crimes committed outside any statute of limitations. hlthe2b Nov 2018 #5
I hope so. leanforward Nov 2018 #7
yup. he's fucked. Takket Nov 2018 #8
Yes, he could be pardoned for federal crimes.... mitch96 Nov 2018 #10
He can definitely be indicted when he is not president. kennetha Nov 2018 #15
Absolutely. Vinca Nov 2018 #16
Two words Glamrock Nov 2018 #24
Where would you find a jury without one or two white wingers who'd hang the jury? Hoyt Nov 2018 #25
Sure. But it's unlikely. fescuerescue Nov 2018 #26
If it's possible, then best that he's voted out in 2020, so a President Pence doesn't OnDoutside Nov 2018 #27
Ford was apparently presented with the advice that Nixon could be indicted.... dawg day Nov 2018 #29

samnsara

(17,622 posts)
1. maybe thats why ford pardoned nixon..or was it just to clear the blemish off...
Sat Nov 10, 2018, 06:14 PM
Nov 2018

...his otherwise STELLAR life? So likely Pence will pardon him of Federal crimes.

Quixote1818

(28,942 posts)
3. I am not talking about after Impeachment but after he loses in 2020
Sat Nov 10, 2018, 06:16 PM
Nov 2018

when there would be no one to bail him out.

unblock

(52,243 posts)
6. Yes, Donnie could resign in January 19, 2021, and pence could pardon him
Sat Nov 10, 2018, 06:17 PM
Nov 2018

on his one day as president.

unblock

(52,243 posts)
2. Of course.
Sat Nov 10, 2018, 06:15 PM
Nov 2018

Open question as to if he can be indicted or tried while a sitting president, but absolutely crystal clear that he can be indicted and tried afterwards.

The only complication comes if he tries to pardon himself while he's still president.

Imho that should not hold up, but with this Supreme Court who knows.

hlthe2b

(102,282 posts)
11. Once again, for those reading your comment, he can NOT be pardoned or self-pardoned for state charge
Sat Nov 10, 2018, 06:19 PM
Nov 2018

unblock

(52,243 posts)
14. Correct. He would have to get a crony in as governor of that state
Sat Nov 10, 2018, 06:22 PM
Nov 2018

Probably a tall order in New York or Maryland....

fescuerescue

(4,448 posts)
28. Is that settled law?
Sat Nov 10, 2018, 07:57 PM
Nov 2018

with a decision behind it? (I don't know the answer)

But I could easily, easily see a legal team arguing the against this.

unblock

(52,243 posts)
30. Depends on what you're trying to assert under executive privilege
Sat Nov 10, 2018, 08:30 PM
Nov 2018

AFAIK.

For instance, I believe certain discussions involving formulating legitimate policies for the nation, could be protected even after a president's term is over. The idea is that advisors should be able to speak freely without fear of it becoming public.

But any privilege not to be indicted or not to stand trial while president certainly expires once out of office.

RockRaven

(14,967 posts)
4. Yup. Unless of course the statute of limitations has run out.
Sat Nov 10, 2018, 06:16 PM
Nov 2018

One thing I don't know is if he can be indicted under seal while president and then just wait until he isn't president before unsealing them.

I am under the impression (though I could be wrong, not a lawyer) that what matters is getting indicted before the statute of limitations runs out, not actually prosecuting before the time limit.

unblock

(52,243 posts)
12. My understanding is that delays by the defendant don't count against the statute of limitations
Sat Nov 10, 2018, 06:20 PM
Nov 2018

So I would think if Donnie was never indicted or never notified of the indictment and the statute of limitations ran out, then he's in the clear.

If he's indicted in time and Donnie requests the trial be delayed until he's no longer president, he can't then claim time ran out.

Jersey Devil

(9,874 posts)
13. Which raises another question
Sat Nov 10, 2018, 06:20 PM
Nov 2018

Does the statute of limitations toll (stop running) during the time he is President so that he can be indicted afterward without the time he spent as pres counting toward the statute of limitations for that particular crime?

RockRaven

(14,967 posts)
18. Perhaps he needs to be indicted, challenge the indictment on the grounds that he is POTUS and
Sat Nov 10, 2018, 06:28 PM
Nov 2018

can't be, then the indictment would be put on hold by the courts until he is no longer POTUS and it would toll during that period?

If so, the downside would be him knowing what pardons exactly he needs (perhaps have Pence give him after he resigns one day before the end of his term).

cos dem

(903 posts)
19. I've read arguments that this is why a president can be indicted.
Sat Nov 10, 2018, 06:34 PM
Nov 2018

If they could run out the statute of limitations while in office, then they escape justice.
If they're indicted, but don't face trial, then they can be tried after they leave office (impeachment, voted out, or end of term). Justice delayed, but not justice denied.

Unfortunately, our current law is ambiguous, and enough people are convinced a president can't be indicted, so this is where we are. Democrats ought to clean this up next time they have the WH and Congress.

The sequence should be:
1. Investigation - anyone can be investigated for a crime. No-one is above the law, including presidents.
2. Indictment - anyone can be indicted. No-one is above the law.
3. Impeachment - if you are a president or other office-holder
4. Trial - If you are indicted, even if the indictment is years-old.
5. Conviction and sentencing - If you are guilty.
6. Serve sentence.

We should also clean up the special investigation offices to prevent abuses of power (like we're seeing with attempted interference with Mueller).

cos dem

(903 posts)
21. Sorry, I wasn't clear.
Sat Nov 10, 2018, 06:42 PM
Nov 2018

I meant the abuses of the the administration trying to interfere with Mueller.

I gave one name because the list of names actually committing the abuse of power is long (and growing).

cos dem

(903 posts)
22. BTW, it seems to be a bit rude to assume I'm a troll.
Sat Nov 10, 2018, 06:45 PM
Nov 2018

rather than perhaps just responsible for a poorly worded statement.

hlthe2b

(102,282 posts)
5. Of course he can for any crimes committed outside any statute of limitations.
Sat Nov 10, 2018, 06:17 PM
Nov 2018

*unless, of course he was preemptively pardoned, which only applies for Federal crimes.

Takket

(21,573 posts)
8. yup. he's fucked.
Sat Nov 10, 2018, 06:18 PM
Nov 2018

only question is whether mueller and congress can make sure he doesn't have two more years to destroy the country before he gets arrested.

mitch96

(13,905 posts)
10. Yes, he could be pardoned for federal crimes....
Sat Nov 10, 2018, 06:19 PM
Nov 2018

But not state crimes... NYS Atty Gen has him and his family in his sights....
m

kennetha

(3,666 posts)
15. He can definitely be indicted when he is not president.
Sat Nov 10, 2018, 06:26 PM
Nov 2018

IN all likelihood he CAN be indicted NOW. But that is a an unsettled question on which constitutional scholars are divided and on which no court has ever weighed in.

There could even be a sealed indictment already prepared, it wouldn't be unsealed until he was no longer president. But the sealed indictment would not run afoul of possible statutes of limitation.

He WON'T be indicted, but only because it is Justice Department policy NOT to indict a sitting president. That does not have the force of law or a constitutional mandate. It just has the force of a discretionary policy. Justice Department employees are bound by that policy, nonetheless.

A state could indict him NOW. What would happen if that did occur is anybody's guess. Whether he could be tried by the state, and what would happen if he were convicted by the state, is vey much an open question.

I kinda hope NY state does indict, try and convict him, just so we can get some of these issues settled once and for all.

fescuerescue

(4,448 posts)
26. Sure. But it's unlikely.
Sat Nov 10, 2018, 07:55 PM
Nov 2018

And frankly, there will be a new villain to take his place that will occupy focus.

The same sort of questions were asked about W Bush and you know how that turned out.

OnDoutside

(19,956 posts)
27. If it's possible, then best that he's voted out in 2020, so a President Pence doesn't
Sat Nov 10, 2018, 07:56 PM
Nov 2018

get the chance to pardon him.

dawg day

(7,947 posts)
29. Ford was apparently presented with the advice that Nixon could be indicted....
Sat Nov 10, 2018, 08:00 PM
Nov 2018

and then he pardoned him to forestall that.

It's also possible that Nixon negotiated a pardon as recompense for his resignation.

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