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Old 01-16-2014, 05:14 AM
 
Location: Tennessee
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If a President has to be arrested for a crime commited, what law enforcement agency has the authority to do it? This is not the same as impeachment. I'm assuming the responsibility can't fall to their own political appointee. Can POTUS be arrested for failing to uphold the constitution since he/she took an oath to uphold it?
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Old 01-16-2014, 05:24 AM
 
Location: Florida
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The girl scouts?
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Old 01-16-2014, 05:29 AM
 
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I believe he must first be impeached by the House and convicted by the Senate, then removed from office before he can be arrested.

I dont believe a sitting President can be arrested.
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Old 01-16-2014, 05:31 AM
 
Location: Wasilla, Alaska
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Quote:
Originally Posted by LauraC View Post
If a President has to be arrested for a crime commited, what law enforcement agency has the authority to do it? This is not the same as impeachment. I'm assuming the responsibility can't fall to their own political appointee. Can POTUS be arrested for failing to uphold the constitution since he/she took an oath to uphold it?
First the President must be impeached by the House, then removed from office by the Senate. After that has occurred, then they can be arrested, charged, tried, convicted, and sentenced in a court of law like any other citizen.

However, there is one person (and only one person) who does have the authority to arrest and detain the sitting President - The Senate Sergeant at Arms.
"The Sergeant at Arms is authorized to arrest and detain any person violating Senate rules, including the President of the United States." --- U.S. Senate: Reference Home > Senate Organization > Office of the Sergeant at Arms and Doorkeeper
With regard to violating their oath of office, there have been two Presidents who had "Abuse of Power" as one of their Articles of Impeachment - Nixon, and Clinton. Nixon resigned before he could be impeached, and Clinton was impeached, but not removed from office by the Senate.

Clinton had four Articles of Impeachment against him - two for perjury, obstruction of justice, and abuse of power. He was impeached by the House for perjury before a grand jury and obstruction of justice. He was not impeached for abuse of power, or a second count of perjury in the Paula Jones trial.

So it is certainly possible to impeach a President for abusing the power of his office, if Congress is willing.

Last edited by Glitch; 01-16-2014 at 05:40 AM..
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Old 01-16-2014, 05:37 AM
 
Location: Florida
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Quote:
Originally Posted by Glitch View Post
First the President must be impeached by the House, then removed from office by the Senate. After that has occurred, then they can be arrested, charged, tried, convicted, and sentenced in a court of law like any other citizen.
Ex-president can not be tried for political decision he/she did while in office. Can you imagine what that would be like if GOP were trying to sue Clinton, and Dems trying to sue Bush for stuff? They would spend the rest of their lives sitting in court rooms. It would never end in a country where anyone can be sued for anything. I could sue you right now for killing my cat, even if I never had a cat.
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Old 01-16-2014, 05:43 AM
 
Location: Wasilla, Alaska
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Quote:
Originally Posted by Finn_Jarber View Post
Ex-president can not be tried for political decision he/she did while in office. Can you imagine what that would be like if GOP were trying to sue Clinton, and Dems trying to sue Bush for stuff? They would spend the rest of their lives sitting in court rooms. It would never end in a country where anyone can be sued for anything. I could sue you right now for killing my cat, even if I never had a cat.
Did I say they could be sued? Did I or the OP say anything about ex-Presidents?

Last edited by CaseyB; 01-18-2014 at 12:59 PM..
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Old 01-16-2014, 05:46 AM
 
Location: texas
9,137 posts, read 6,752,344 times
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Quote:
Originally Posted by pghquest View Post
I believe he must first be impeached by the House and convicted by the Senate, then removed from office before he can be arrested.

I dont believe a sitting President can be arrested.
That is incorrect. Anyone can be arrested. It would depend on the crime committed and the jurisdiction where the crime was committed.

If a President took a fork and stabbed a guest at a state dinner in the neck, the nearest duly sworn law enforcement officer could detain the president at the scene until the law enforcment agency with jurisdiction of the White House could arrest him.

There is no reason to arrest a president durring impeachment proceding.
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Old 01-16-2014, 05:47 AM
 
69,372 posts, read 55,491,494 times
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Quote:
Originally Posted by Glitch View Post
Did I say they could be sued? Did I or the OP say anything about ex-Presidents?
To be fair, you did say removed from office which would make them an "ex-President"...

but Finn is being completely ridiculous because you didnt at all suggest they could be tried for political decisions, the discussion you clearly said was for crimes.

Last edited by CaseyB; 01-18-2014 at 12:59 PM..
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Old 01-16-2014, 05:48 AM
 
Location: Toronto
1,656 posts, read 1,638,497 times
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Quote:
Originally Posted by Chimuelojones View Post
If a President took a fork and stabbed a guest at a state dinner in the neck, the nearest duly sworn law enforcement officer could detain the president at the scene until the law enforcment agency with jurisdiction of the White House could arrest him.
Can somebody please make this into a movie?
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Old 01-16-2014, 05:50 AM
 
69,372 posts, read 55,491,494 times
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Quote:
Originally Posted by Chimuelojones View Post
That is incorrect. Anyone can be arrested. It would depend on the crime committed and the jurisdiction where the crime was committed.

If a President took a fork and stabbed a guest at a state dinner in the neck, the nearest duly sworn law enforcement officer could detain the president at the scene until the law enforcment agency with jurisdiction of the White House could arrest him.

There is no reason to arrest a president durring impeachment proceding.
Attorney Generals disagree with you..

OLC: A Sitting President's Amenability to Indictment and Criminal Prosecution

U.S. Const. art. I, 3, cl. 7. The textual argument that the criminal prosecution of a person subject to removal by impeachment may not precede conviction by the Senate arises from the reference to the "Party convicted" being liable for "Indictment, Trial, Judgment and Punishment." This textual argument draws support from Alexander Hamilton's discussion of this Clause in The Federalist Nos. 65, 69, and 77, in which he explained that an offender would still be liable to criminal prosecution in the ordinary course of the law after removal by way of impeachment. OLC Memo at 2.
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