A2SG

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to make this simple and easy to understand, Trump could have been charged with a crime the moment he left office,

Nope. Presidents cannot be criminally charged for actions taken as POTUS except by impeachment.

that did not happen, because there is no evidence that would support criminal charges.

Trump was charged the only way possible: impeachment by the House of Representatives. All that remains is the Senate's verdict.

Is that understandable? Impeachment is a political process if you have control of the House you can impeach anyone in government for almost any reason without much of anything in the way of evidence. Is that understandable?

Nope, there is a standard for impeachment, "high crimes and misdemeanors." What constitutes that may be debatable, but the House does have to justify its accusations to the members, and a majority vote is required for the articles to pass; not only that, but the case needs to be made to the Senate as well, since they are the body that renders a verdict.

So it's not simply a partisan affair.

-- A2SG, which is also why it doesn't happen that often......
 
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disciple Clint

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Nope. Presidents cannot be criminally charged for actions taken as POTUS except by impeachment.



Trump was charged the only way possible: impeachment by the House of Representatives. All that remains is the Senate's verdict.



Nope, there is a standard for impeachment, "high crimes and misdemeanors." What constitutes that may be debatable, but the House does have to justify its accusations to the members, and a majority vote is required for the articles to pass; not only that, but the case needs to be made to the Senate as well, since they are the body that renders a verdict.

So it's not simply a partisan affair.

-- A2SG, which is also why it doesn't happen that often......

Presidents cannot be criminally charged for actions taken as POTUS except by impeachment.
Provide your evidence for this statement that presidents cannot be criminally charged for actions taken as POTUS.
 
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A2SG

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Provide your evidence for this statement that presidents cannot be criminally charged for actions taken as POTUS.

Seriously?

Okay, let me spend a second or two on Google....

Can a sitting U.S. president face criminal charges?

There is no specific provision in the Constitution denying indictment, but there is also no precedent for it. So, if the DOJ were to try to indict a sitting president (highly unlikely, considering who appoints the head of the DOJ), it would probably be up to the Supreme Court to decide on the constitutionality of it.

So, short answer, it hasn't happened, ever, and is unlikely to happen. So my point remains.

-- A2SG, now, I'm sure we'll see in the coming days how an ex-president can be indicted......
 
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disciple Clint

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Seriously?

Okay, let me spend a second or two on Google....

Can a sitting U.S. president face criminal charges?

There is no specific provision in the Constitution denying indictment, but there is also no precedent for it. So, if the DOJ were to try to indict a sitting president (highly unlikely, considering who appoints the head of the DOJ), it would probably be up to the Supreme Court to decide on the constitutionality of it.

So, short answer, it hasn't happened, ever, and is unlikely to happen. So my point remains.

-- A2SG, now, I'm sure we'll see in the coming days how an ex-president can be indicted......
not quite
Even if, to use Trump’s own example, he shot someone on Fifth Avenue, the only remedy would be for the president to be impeached by the House, convicted and removed from office by the Senate, and only then prosecuted in criminal court. Trump’s lawyer says he can’t be prosecuted. We asked 16 legal experts if that’s true.
AND
"All of the serious arguments that the President is immune while in office are limited to while he's in office," Kalt said, continuing to explain why other cases in the past have worked the way they have.
"That's why President Nixon needed to be pardoned by President Ford if he wanted to avoid prosecution. And he was, and that's why President Clinton, a day before he left office, settled the case that the special prosecutor was ready to bring against him because once he was out of office, he wouldn't have that immunity anymore.”Can Trump be impeached after he leaves office? Fact check | wusa9.com
 
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A2SG

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not quite
Even if, to use Trump’s own example, he shot someone on Fifth Avenue, the only remedy would be for the president to be impeached by the House, convicted and removed from office by the Senate, and only then prosecuted in criminal court. Trump’s lawyer says he can’t be prosecuted. We asked 16 legal experts if that’s true.
AND
"All of the serious arguments that the President is immune while in office are limited to while he's in office," Kalt said, continuing to explain why other cases in the past have worked the way they have.
"That's why President Nixon needed to be pardoned by President Ford if he wanted to avoid prosecution. And he was, and that's why President Clinton, a day before he left office, settled the case that the special prosecutor was ready to bring against him because once he was out of office, he wouldn't have that immunity anymore.”Can Trump be impeached after he leaves office? Fact check | wusa9.com

Um, nothing there refutes any of what I said.

-- A2SG, but thanks for corroborating what I said, I appreciate it......
 
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disciple Clint

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Um, nothing there refutes any of what I said.

-- A2SG, but thanks for corroborating what I said, I appreciate it......

You said Trump could not have been charged with a crime the day he left office, clearly those posts prove that he could have been charged, he was not charged because there is no evidence to support that charge not because of some technical reason.
 
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A2SG

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You said Trump could not have been charged with a crime the day he left office, clearly those posts prove that he could have been charged, he was not charged because there is no evidence to support that charge not because of some technical reason.

Sorry, but you seem to have misunderstood an important point here. This is not settled law. There is no specific Constitutional provision preventing a sitting president from being indicted; nor is there one allowing it. It's only long-standing DOJ policy.

No one knows for certain what would happen if the DOJ tried to indict a sitting president, since it hasn't ever happened; BUT, since the President appoints the head of the DOJ, this is highly unlikely to occur.

Which is why I said it can't happen, because the odds are incredibly stacked against it.

And also why no one has tried it.

-- A2SG, does your point (whatever it is) hinge on the difference between "can't happen" and "extremely unlikely to happen, as in virtually zero chance of happening".....?
 
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disciple Clint

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Um, nothing there refutes any of what I said.

-- A2SG, but thanks for corroborating what I said, I appreciate it......
Do you remember saying
Nope. Presidents cannot be criminally charged for actions taken as POTUS except by impeachment.

"That's why President Nixon needed to be pardoned by President Ford if he wanted to avoid prosecution. And he was, and that's why President Clinton, a day before he left office, settled the case that the special prosecutor was ready to bring against him because once he was out of office, he wouldn't have that immunity anymore.”Can Trump be impeached after he leaves office? Fact check | wusa9.com
 
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A2SG

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Do you remember saying

A2SG said:
Nope. Presidents cannot be criminally charged for actions taken as POTUS except by impeachment.

Yup, and so far, that has been the only way a president has been charged to date. And, since the head of the DOJ is appointed by the President, it's highly unlikely the DOJ will indict the President, so it's really the only viable option available.

"That's why President Nixon needed to be pardoned by President Ford if he wanted to avoid prosecution. And he was, and that's why President Clinton, a day before he left office, settled the case that the special prosecutor was ready to bring against him because once he was out of office, he wouldn't have that immunity anymore.”Can Trump be impeached after he leaves office? Fact check | wusa9.com

Did Nixon "need" to be pardoned, or Clinton "need" to settle, or could they have gotten away with it the way Trump did for his first impeachment? Since both Nixon and Clinton hedged their bets, I guess we'll never know.

-- A2SG, I guess neither one had the Senate majority leader working in "total cooperation" with the White House prior to the trial.....
 
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hedrick

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I agree that a past president can be charged. However I doubt that the justice department would ask for that for acts performed as president. It’s too close to what goes on in dictatorships. The only sanction an impeachment can impose is not running again. But it is still a way to hold someone accountable. Punishment is not essential to accountability.
 
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disciple Clint

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I agree that a past president can be charged. However I doubt that the justice department would ask for that for acts performed as president. It’s too close to what goes on in dictatorships. The only sanction an impeachment can impose is not running again. But it is still a way to hold someone accountable. Punishment is not essential to accountability.
Censure would have been a good method to resolve this problem. Impeachment is not going anywhere.
 
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hedrick

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Censure would have been a good method to resolve this problem. Impeachment is not going anywhere.
That might be a good outcome, however I think public presentation of the evidence may be useful. That should happen in a trial, but probably not in censure.
 
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