Marion Morrison
Diamond Member
- Feb 10, 2017
- 59,298
- 16,852
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- Banned
- #81
A sitting president can only be removed from office via impeachment or 25 IV. Once out of office, for whatever reason, a former president is subject to all laws - just like any other citizen.
Yes, but the question isn't about removing him from office. It's about prosecuting him for a criminal act. Theoretically, prosecution and even conviction doesn't affect the fact that he's President, although it would be quite the challenge to execute his duties from a jail cell. Again theoretically, one could say that if that situation arose, then the Vice President and Cabinet would invoke the 25th Amendment on the grounds that he's unable to discharge his duties while incarcerated.
Absent any legal codification or precedent on the subject, there are any number of ways it could end up.
Presidents are protected from left wing assholes doing this precisely because a president could not perform his duties if left wing assholes are constantly filing criminal charges against him because they are butthurt over losing the election.
Actually, as far as I can tell, the President has no actual legal protection from criminal prosecution at all, beyond the fact that people in government USED to have a sense of dignity and propriety, and some respect for the office of the Presidency and the higher good of the nation.
For the record, while the left-wing is more likely to push this particular envelope at the moment, I can't honestly say that there aren't far too many people putatively on the right who wouldn't gleefully follow suit.
That is correct, but not while in office.
Sorry, but as much as you want to believe it's cut-and-dried in your favor, it really isn't.
"My favor" is what it says in The Constitution.