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brettdale

(12,381 posts)
Tue May 16, 2017, 08:25 PM May 2017

So A President Needs to be Impeached to be removed from Office, but

What say if he starts pulling out a gun and shooting people.

He can be arrested then? right?

Of course that is a way over the top suitation.

What Im saying if they discovered something really horrific, wouldnt he be forced out,
and they wouldnt have to go through months and months of hearings before an impeachment vote?

Also if something is that Horrific, can congress call a meeting and have a impeachment vote, without
having to go through hearings?

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So A President Needs to be Impeached to be removed from Office, but (Original Post) brettdale May 2017 OP
yes, the House can draft articles of Impeachment lapfog_1 May 2017 #1
I'm afraid if Trump pulled out a gun and shot somebody, no, he could not be arrested. Foamfollower May 2017 #2
Could he be shot canetoad May 2017 #4
Can you cite a legal authority for that proposition? jberryhill May 2017 #7
See Watergate: "Unindicted Co-Conspirator". brooklynite May 2017 #8
There is nothing in the constitution that says he can't be arrested marylandblue May 2017 #3
If you think about it, he's already virtually under house arrest jberryhill May 2017 #6
No jberryhill May 2017 #5
The idea that the Secret Service would let a president assault somebody strains credulity. DemocratSinceBirth May 2017 #9
Or let him carry a loaded gun jberryhill May 2017 #10

lapfog_1

(29,199 posts)
1. yes, the House can draft articles of Impeachment
Tue May 16, 2017, 08:29 PM
May 2017

and vote on them without any discussion if they so choose.

However, there is still the matter of the Senate Trial managed by the Chief Justice of SCOTUS.

 

Foamfollower

(1,097 posts)
2. I'm afraid if Trump pulled out a gun and shot somebody, no, he could not be arrested.
Tue May 16, 2017, 08:31 PM
May 2017

A sitting president cannot be arrested for anything at any time.

brooklynite

(94,535 posts)
8. See Watergate: "Unindicted Co-Conspirator".
Tue May 16, 2017, 09:03 PM
May 2017

The theory is sound; consider Roy Cooper and what the Republican Legislature has done to interfere with his work. Suppose, instead, a conservative prosecutor just drafted spurious charges against him?

marylandblue

(12,344 posts)
3. There is nothing in the constitution that says he can't be arrested
Tue May 16, 2017, 08:37 PM
May 2017

Theoretically, if he convicted but not.impeached, he could.serve as president from a jail cell. Wouldn't that be a blast !

 

jberryhill

(62,444 posts)
6. If you think about it, he's already virtually under house arrest
Tue May 16, 2017, 08:59 PM
May 2017

He gets weekend passes, but I can't think for a moment he likes living there with his every movement under constant scrutiny.

He'd get zero bail, since it's not as if he is a flight risk or transient. So it's not as if he'd be sitting in jail.
 

jberryhill

(62,444 posts)
5. No
Tue May 16, 2017, 08:57 PM
May 2017

The President shooting someone is one of the favorite hypotheticals in this question.

However, the last time this whole set of issues was kicked around was during the Paula Jones case, in which there was a preliminary issue about suing a sitting president.

There is, in fact, nothing which prevents the president from being treated as an ordinary criminal suspect (with bail probably set at zero) in relation to criminal acts which do not per se involve acts undertaken AS president.

For example, I don't know what has become of the drone war against terrorism, but certainly President Obama ordered the killing of civilians day-in-day out, from the White House.

The reason people believe "it's not possible" is more a function of the ordinary traditions and, of course, the generally decent character of people who have historically been president.

But, no, there is no particular legal immunity which the president enjoys in relation to ordinary criminal activity. This would especially be true for criminal acts committed before becoming president, as such acts would not possibly fall under any sort of executive immunity attaching to acts committed within the capacity of the office.

https://www.wsj.com/articles/SB889218754227546000

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