Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
4 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
If Mueller gets fired and he turns the cases to the State Courts...., (Original Post) imanamerican63 Mar 2018 OP
Good question, how do you think the SCOTUS will rule? marylandblue Mar 2018 #1
Thanks! imanamerican63 Mar 2018 #2
Never been tested, but surely they can indict. unblock Mar 2018 #3
There is, so the story goes, precedent NotASurfer Mar 2018 #4

marylandblue

(12,344 posts)
1. Good question, how do you think the SCOTUS will rule?
Sat Mar 17, 2018, 05:59 PM
Mar 2018

I think they will rule yes. Technically a state is a sovereign entity, no different than another country, so yes.

But I also think it will never come to that because Mueller can't be fired. See my sig line quote from Nixon's own attorney. Mueller will sue to get his job back and that will be his argument. If Trump can engineer his firing, then he is in fact Louis XIV, beyond the reach of any court, and we know the founders did not intend that.

As footnote to history, after the Saturday Night Massacre, a court did rule the special counsel could not be fired, but it was moot since a new person had already been hired.

unblock

(52,196 posts)
3. Never been tested, but surely they can indict.
Sat Mar 17, 2018, 06:12 PM
Mar 2018

Merely getting indicted doesn’t interfere with presidential duties, so it’s hard to imagine a constitutional argument against it.

The real question is can he be made to stand trial before he’s out of office. Much better argument there, but given that the supreme decided that a civil trial against a president can proceed (Jones v. Clinton), i think it likely they would have to let a criminal trial proceed.


NotASurfer

(2,149 posts)
4. There is, so the story goes, precedent
Sat Mar 17, 2018, 09:48 PM
Mar 2018

Apparently even local police can arrest and book a sitting President - though whether anybody would issue a traffic citation to the Presidential limo today is probably a long shot. This happened to President Grant -

West again caught the Commander in Chief flying at breakneck speed over the same stretch of road. “Do you think, officer, that I was violating the speed laws?” asked Grant.

“I certainly do, Mr. President,” replied West. After reminding Grant of his broken vow, he added, “I am very sorry, Mr. President, to have to do it, for you are the nation’s chief executive, but my duty is plain, sir: I shall have to place you under arrest!”


http://mentalfloss.com/article/65855/cop-who-gave-ulysses-s-grant-speeding-ticket
Latest Discussions»General Discussion»If Mueller gets fired and...