If the DOJ changes its rules, can a sitting president be indicted?
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  Constitution and Law (Moderator: World politics is up Schmitt creek)
  If the DOJ changes its rules, can a sitting president be indicted?
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Author Topic: If the DOJ changes its rules, can a sitting president be indicted?  (Read 957 times)
I’m not Stu
ERM64man
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« on: May 15, 2020, 12:08:51 AM »

So far, the DOJ hasn’t allowed it. Could a future DOJ change the rules to allow it?
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brucejoel99
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« Reply #1 on: May 15, 2020, 12:13:18 AM »

Yes, of course the DOJ could change its own internal policies.

Stop using Atlas as your own personal Google.
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World politics is up Schmitt creek
Nathan
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« Reply #2 on: May 15, 2020, 12:59:39 AM »

Yes. There's some BS constitutional theory behind the DOJ's current policy but a hypothetical future DOJ that wasn't run by someone who wants the United States to have a doge could simply repudiate that interpretation.
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I’m not Stu
ERM64man
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« Reply #3 on: May 15, 2020, 03:06:13 PM »

The courts haven’t yet answered it. I suppose one can be indicted.
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Elgato1978
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« Reply #4 on: May 25, 2020, 09:37:01 PM »

Well. Really its about having a AG willing to dispense with traditional DOJ policies. Given the nature of that position it is unlikely that any AG would OK any action against their president.

Given the incredibly partisan nature of politics it would most unlikely that any president would be removed like that.

No presidency should be above the law no matter what party they belong to.
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AtorBoltox
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« Reply #5 on: May 28, 2020, 06:33:10 AM »

Yes. There is no basis in the constitution or any other law that the President is immune from prosecution
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StateBoiler
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« Reply #6 on: June 15, 2020, 09:48:45 AM »
« Edited: June 15, 2020, 11:06:43 AM by StateBoiler »

To go back to another reason on why I consider both parties in on the scam (e.g. congressional oversight and executive branch employees), this is something that could be easily resolved with a constitutional amendment applied at a future date (January 2021, January 2025) so that there is zero ambiguity on the matter. The reason it's not is because neither party in the legislature want to do anything that harms a potential future president from their party, because I believe every Democratic member of Congress believes a Republican president should be able to be indicted and I also believe every Republican member of Congress believes a Democratic president should be able to be indicted. The only other argument is they're lazy.
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President Johnson
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« Reply #7 on: June 15, 2020, 02:28:00 PM »

Obviously, yes. Just a thought: I think a decent president should actually issue an order to overturn this opinion.
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StateBoiler
fe234
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« Reply #8 on: June 16, 2020, 07:19:37 AM »

Obviously, yes. Just a thought: I think a decent president should actually issue an order to overturn this opinion.

I think a decent president would ask Congress to write a constitutional amendment, that way the opinion of the president which changes hands from one individual to another over time has no bearing on the application of the law.

But the Democrats and Republicans in Congress are either incompetent or are part of the scam, so they won't do that.
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SteveRogers
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« Reply #9 on: June 18, 2020, 12:40:29 AM »

The DOJ could change its rules, submit a case against the sitting President to the grand jury, and file an indictment, yes. Of course, the President would still presumably contest the indictment in court and argue that they are in fact immune from such prosecutions. So ultimately SCOTUS would decide, but at least then we could get a test case settling the issue.
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Fuzzy Stands With His Friend, Chairman Sanchez
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« Reply #10 on: August 01, 2020, 01:53:48 PM »

Yes, but that would not be a good thing.
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