General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAssuming he leaves office, can Trump be jailed
for crimes committed before he took office? I realize he can't go to prison now.
emulatorloo
(44,120 posts)bathroommonkey76
(3,827 posts)Kingofalldems
(38,454 posts)bathroommonkey76
(3,827 posts)And right now Trump is a sitting president. America will never throw a sitting president into a jail cell-- Pence and the GOP will make sure that never happens.
Locutusofborg
(525 posts)The only penalty for "high crimes and misdemeanors" committed while in office is impeachment and if convicted by a 2/3rds majority of the Senate, the penalty is removal from office.
Two sitting presidents were arrested but neither was jailed: Franklin Pierce was arrested for running over an elderly lady with his horse. The case was dropped for lack of evidence and Ulysses S. Grant was arrested for speeding on his horse. He had to pay a $20.00 fine.
It is conceivable that a president could be imprisoned for crimes committed BEFORE she or he was elected but often a five year Statute of Limitations will have run out by the time the president is out of office and available for prosecution.
bathroommonkey76
(3,827 posts)Presidents throughout our history have been protected-- in a way they are above the laws they govern. George W. Bush should have been jailed for war crimes. Did he ever see a jail cell? Heck, Dubya cant travel the world b/c there are countries out there that have threatened to arrest him, right?
I won't hold my breath for Trump to be thrown into prison- I will say anything is possible with his administration. I think a golden shower tape would increase his chances of seeing a jail cell. But what do I know. lol
Locutusofborg
(525 posts)"The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried the Chief Justice shall preside; And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgement in Cases of Impreachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be LIABLE and SUBJECT TO INDICTMENT, TRIAL, JUDGEMENT and PUNISHMENT, according to Law."
All that is needed to try a former president who was removed from office is to find a prosecuting attorney who is willing to indict the former president.
bathroommonkey76
(3,827 posts)Didn't think so.
They are untouchable.
former9thward
(31,997 posts)No country has threatened to arrest him.
bathroommonkey76
(3,827 posts)Do you need any other links? lol
George W. Bush cancels visit to Swiss charity gala over fears he could be arrested on torture charges
http://www.dailymail.co.uk/news/article-1354211/George-W-Bush-cancels-Switzerland-visit-fears-arrest-torture-charges.html#ixzz4aUlSnyZh
Bush's Shrinking World: George W. Bush Cancels Europe Trip as Human Rights Lawyers Threaten Legal Action over Torture
https://www.democracynow.org/2011/2/10/bushs_shrinking_world_george_w_bush
Bush Convicted of War Crimes in Absentia
http://www.foreignpolicyjournal.com/2012/05/12/bush-convicted-of-war-crimes-in-absentia/
former9thward
(31,997 posts)Those groups have no legal standing or power whatsoever. It would be like DU saying they were putting out an arrest warrant on Bush or anyone else. It is meaningless. Name me a country or legal authority which has said they are going to arrest Bush. You have not done it and you can't do it.
Some actual facts:
Bush attracted significant media attention in 2011 when he canceled a trip to Geneva, Switzerland, to address the United Israel Appeal. A lawyer for the group told a Swiss newspaper that the cancellation stemmed from concerns about protests, not fear of arrest.
Interpol, the international police organization, does not list any outstanding arrest warrants for Bush or Cheney in their searchable database. Meanwhile, experts in international law said they were not aware of pending warrants, particularly from the most obvious entity that might issue one -- the International Criminal Court in the Hague. However, the ICC "has not issued warrants for any American citizen, let alone for Bush, Cheney, or anyone else," said Anthony Clark Arend, Georgetown University professor of government and foreign service.
We couldnt find any examples of Bush or Cheney visiting Europe, but they have traveled to other countries since they left office. Bush visited Haiti as part of an effort by the charitable foundation he co-founded with former President Bill Clinton after a devastating earthquake in the Caribbean nation. And Bush also joined Clinton at a regional economic summit held in the Canadian province of British Columbia. Cheney, meanwhile, has gone to British Columbia to promote his book, In My Time: A Personal and Political Memoir.
The meme on social media said that Bush and Cheney are "unable to visit Europe due to outstanding warrants." The claim that there are "outstanding warrants" is flat wrong. And while its theoretically possible for a national court to issue an arrest warrant against either man, as was done with Pinochet, there is no sign of that happening. We rate the claim False.
http://www.politifact.com/truth-o-meter/statements/2014/jul/17/facebook-posts/are-george-w-bush-dick-cheney-unable-visit-europe-/
bathroommonkey76
(3,827 posts)former9thward
(31,997 posts)How is the weather there?
bathroommonkey76
(3,827 posts)He's pretty much relegated to painting nude portraits of himself in Texas b/c of those arrest threats made against him- same goes for Birdshot Cheney.
former9thward
(31,997 posts)I know he has been to Haiti and Canada and Cheney has been to Canada. Bush traveled all over the world as president. Maybe he does not feel like doing it anymore. I have been to 41 countries and I have not left the country in nine years. I have no interest in it anymore. As far as Cheney goes given his heart condition I doubt travel is at the top of his priority list.
bathroommonkey76
(3,827 posts)Kuala Lumpur is the only country to threaten them with charges, right?
Bush has said he's out of politics. And the main reason (I believe) he is out of politics and doesn't travel is the fear of being arrested. Plus, all of that guilt of killing thousands of people must get him down from time to time- painting veteran's portraits in his new book has to be therapeutic for his war criminal mind, dontcha think?
former9thward
(31,997 posts)A non-government group has no legal standing. None at all. I am not a psychologist and won't play one on the internet so I have no idea why he paints.
Kingofalldems
(38,454 posts)Locutusofborg
(525 posts)An alleged crime committed BEFORE Trump was elected would most likely need to have had a criminal proceeding initiated BEFORE Trump took office because prosecution will have to wait for the years that Trump is president and the vast majority of state and federal crimes have a five year Statute of Limitations that prosecution must begin criminal proceedings (or an arrest warrant must be issued) from the date the alleged crime took place. Homicide, art theft and some sexual assault crimes have no Statute of Limitations.
A judge can also rule to suspend the Statute of Limitations but that decision would be appealed and would probably take years to resolve.
Stinky The Clown
(67,798 posts)dembotoz
(16,802 posts)Tho I must admit a few months of solitary with no trump Twitter would b good for us all
Warren DeMontague
(80,708 posts)fescuerescue
(4,448 posts)Almost an exact replay, with just some of the details updated.
It will never happen. Assuming any charges are applied, they will be pardoned by the next President.