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Lv 5
. asked in Politics & GovernmentGovernment · 3 months ago

Can the President avoid indictment & arrest while in office?

Is President Trump an exception of the rule?

Is Trump immune from the law no matter how many crimes he has committed?

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“The President, Vice President and civil officers of the United States shall be removed from Office on Impeachment for, and conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

— Article II, section 4, U.S. Constitution

“Judgment in cases of Impeachment shall not extend further than to removal from Office … but the party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to law.”

— Article I, section 9, U.S. Constitution

Update:

@ Joe in texas,

Abuse of power or abuse of authority, in the form of "malfeasance in office" or "official misconduct", is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected official by statute or recall election. Officials who utilize abuse of power are often those who exploit the ability to use corruption in their advantage

5 Answers

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  • 3 months ago

    What crimes?

    Name the statutes he violated.

    There is no such crime as obstructing a co-equal branch of government and if there was a judicial appeal of subpoenas would not qualify.

    Similarly “abuse of power” is not a violation of law it’s an opinion.

    • .
      Lv 5
      3 months agoReport

      abuse of power is a crime; https://www.brookings.edu/blog/fixgov/2019/12/06/what-is-and-what-is-not-an-impeachable-offense-this-week-in-impeachment/

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  • Sally
    Lv 7
    3 months ago

    He cannot be criminally indicted, but impeachment is not a criminal process. It is in fact the exact solution provided for in the Constitution to remove a criminal president.

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  • Anonymous
    3 months ago

    You can impeach, remove and then arrest. The issue is that Trump committed no crime and Democrats are all liars. 

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  • Anonymous
    3 months ago

    There is a department of justice policy that says the DOJ should not indict a sitting president. It is based on the opinion of lawyers within the department at about the time Nixon was impeached. This policy is NOT law and is not part of the Constitution. But since the DOJ is part of the executive branch, and since the executive branch is controlled by the president, there is little chance that the DOJ under Trump will indict Trump while he is in office.

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  • Anonymous
    3 months ago

    "But from the night of the election on, he has had to listen to some of the biggest lies and allegations said about anybody who’s been elected president in this country, and there’s not been a shred of evidence for it. And he can’t get away from it...And he knows all the while that he didn’t do it. He knows all the while it didn’t happen...And all the while, he knows there’s nothing to it!" -Rush Limbaugh

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