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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan 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?
samnsara
(17,622 posts)...his otherwise STELLAR life? So likely Pence will pardon him of Federal crimes.
Quixote1818
(28,942 posts)when there would be no one to bail him out.
unblock
(52,243 posts)on his one day as president.
hlthe2b
(102,282 posts)unblock
(52,243 posts)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)unblock
(52,243 posts)Probably a tall order in New York or Maryland....
SCantiGOP
(13,871 posts)while you are an executive.
fescuerescue
(4,448 posts)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)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)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)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)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)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)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).
northoftheborder
(7,572 posts)"abuses of power (like we're seeing with Mueller)."
ARE YOU A TROLL?
cos dem
(903 posts)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)rather than perhaps just responsible for a poorly worded statement.
northoftheborder
(7,572 posts)hlthe2b
(102,282 posts)*unless, of course he was preemptively pardoned, which only applies for Federal crimes.
leanforward
(1,076 posts)Takket
(21,573 posts)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)But not state crimes... NYS Atty Gen has him and his family in his sights....
m
kennetha
(3,666 posts)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.
Vinca
(50,273 posts)Glamrock
(11,802 posts)Fuck yes!!
Hoyt
(54,770 posts)fescuerescue
(4,448 posts)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)get the chance to pardon him.
dawg day
(7,947 posts)and then he pardoned him to forestall that.
It's also possible that Nixon negotiated a pardon as recompense for his resignation.