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#311217 - 02/25/19 06:14 PM Re: Yes, the President can be indicted [Re: pdx rick]
Greger Online   content


Registered: 11/24/06
Posts: 14708
Loc: Florida
One of the hallmarks of fascism is it's ability to rule by minority.
"Be yourself; everyone else is already taken."— Oscar Wilde

#311252 - 02/26/19 08:11 PM Re: Yes, the President can be indicted [Re: NW Ponderer]
NW Ponderer Offline
Carpal Tunnel

Registered: 09/09/11
Posts: 16680
Here's a good encapsulation of the debate over the issue: Can the president be indicted or subpoenaed? (WaPo factchecker). It also includes links to relevant documents and precedents, but not the Starr Memorandum that reaches the opposite conclusion. The important point of the Starr Memorandum is that indictment of, and even trial of the President, is not the same as imprisoning the President (which I think would be prohibited absent removal by Impeachment or 25th Amendment action).

None of these analyses, however, seem to consider the import of the 25th Amendment to the Constitution, which provides an "expedited" process for removal of the President, by
transmit[ting] to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office[.]
(Emphasis added)
IF the President were indicted (as I think the Constitution allows), the 25th Amendment would provide for at least temporary removal of the President to prevent further malfeasance after indictment. That would also be consistent with the gravamen of both the 25th Amendment and the OLC memo. The 25th Amendment does not specify what constitutes "[inability] to discharge the powers and duties of his office". Perhaps needing to defend a criminal case would constitute such disability?

#311273 - 02/27/19 02:54 AM Re: Yes, the President can be indicted [Re: NW Ponderer]
pondering_it_all Offline

Registered: 02/27/06
Posts: 8309
Loc: North San Diego County
Or serving a prison sentence.

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