CrimsonWhite
*****istrator Emeritus
The other threads were jokes that probably should go in the humor section but this one is serious and just required a yes or no answer and why you think that.
Technically. Yes. The President is not exempt from the law, so he can be legally arrested for the same reasons as any other person in the US.
However, in reality it isn't so easy. The President is protected by the Secret Service, and it is not likely that any law officer will be allowed to simply walk up to the President and place him under arrest. If it ever came to arresting the President, it would be a very delicate situation. In my opinion, the matter would be legally dragged out so that any actual arrest (if justified) would take place after the President leaves office, either after the end of the term, resignation, or removal from office as a result of impeachment actions.
I know the FBI won't arrest the president since they work for him but what about state and local municipalities. I know the president is a powerful figure but does that give him the legal power to be immune from local laws? My hypothetical situation is that if the president beat his wife in XYZ jurisdiction and do so demands immediate jail time for six months. Would the president of the United States be immune to those laws just because he is a member of the federal government.
I hope people realize that the answer is no but more importantly this idea could be a useful tool for checking the federal government. States can investigate other members of the federal government on their own and place appropriate penalties onto them.
A state could investigate any happening inside the federal government it wants and even create laws that bar federal officials from doing certain things. Of course, those laws would only apply within the jurisdiction of the state itself and the federal courts could intervene in cases between citizens of two different states and settle the matter their.
Like I said, technically yes. For instance, if the President beat up the First lady in St. Louis then by all means, the St Louis PD and the Missouri Highway Patrol would have legal jurisdiction, if the First Lady filed charges. However, back to reality, the President is protected by the Secret Service. The Secret Service is a federal agency with full arrest powers and it is unlikely that the St Louis PD or the Highway Patrol would be able to gain access to the President without a fight. So in theory the answer is yes, but in reality there is simply now way in hell it will happen and any attempt would legally be a coup d'etat. An in my eyes, coup d'etat trumps domestic violence any day of the week. So no, you cannot arrest the President.