General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI have a question for the John Roberts Supreme Court
Specifically Chief Justice Roberts, you have declared that the President is immune from criminal prosecution as long as he is in office.
You are familiar that there is, in place up until now, a mechanism for the removal of the President of the United States, built into our Constitution, called impeachment.
Can you please, now, explain this process?
surfered
(11,107 posts)My understanding is by a simple majority vote, the House of Representatives files impeachment charges against the President.
The trial is held in the Senate with the Representatives of the House acting as prosecutors and the Chief Justice of the Supreme Court presiding as judge. It takes a two thirds majority vote of the Senate (the jury) to convict.
Once the President is convicted by the Senate, he is removed from office snd then subject to criminal prosecution.
Ms. Toad
(38,096 posts)The Supreme Court declared the President was permanently immune (whether he is still in office or not) from criminal prosecution for certain official acts which he committed while in office. (Under prior law, he was immune from civil and criminal prosecution while in office.)
Impeachment is a political remedy. Not a criminal remedy. The house and senate can choose to remove a president from office upon impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. That means the house finds enough evidence that he has committed one or more of the offenses, the senate holds a trial and convicts him, at which time he is removed from office (and potentially barred from further service). But impeachment has nothing to do with criminal law.
If those acts are criminal, depending on whether they are official acts in his core constitutional role, he can be prosecuted after he leaves office in a criminal court. (He has absolute criminal immunity for official acts carried out in the exercise of his core constitutional powers, presumptive immunity for other official acts, and no immunity for unofficial acts.)