Can the US president be arrested?

lifeandtimes

Hey everyone,

If anyone is experienced in US law id love your opinions on the below

In reading the news lately it seems that Donald Trump addmited to knowing that his former security advisor Michael Flynn lied to the FBI.
After which trump "Put pressure on James Comet to let Flynn go".

If all the above is true this is obstruction of justice.

Bases on all this can he be arrested for this or is there any legal ramifications he can face?

Side note: if he is also found to have colluded with Russia to win the election is their consequences he can face then?

Thanks

Really Interested

lifeandtimes wrote: »

Hey everyone,

If anyone is experienced in US law id love your opinions on the below

In reading the news lately it seems that Donald Trump addmited to knowing that his former security advisor Michael Flynn lied to the FBI.
After which trump "Put pressure on James Comet to let Flynn go".

If all the above is true this is obstruction of justice.

Bases on all this can he be arrested for this or is there any legal ramifications he can face?

Side note: if he is also found to have colluded with Russia to win the election is their consequences he can face then?

Thanks

https://www.google.ie/amp/s/www.voanews.com/amp/3961703.html

Simple answer no one is sure.

lifeandtimes

Really Interested wrote: »

https://www.google.ie/amp/s/www.voanews.com/amp/3961703.html

Simple answer no one is sure.

Having a read it seems to be discuss if the president commits a crime while in office.

What about if he was an ordinary citizen when he commited the crime prior to taking office?

Will be interesting to see what happens

Manach

Unless there is a very clear timeline to show this and something more precise than a vague obstruction of justice, I'd reckon not. From the time of Reagan when Col North misrepresentations were widely know to Clinton's likely pergury then the bar to arresting a sitting president without an air-tight case would be career ending for the enforcement agency.

deandean

I remember that someone tried to arrest Mugabe Mugabe a few years ago. It did not end well for him.

Really Interested

lifeandtimes wrote: »

Having a read it seems to be discuss if the president commits a crime while in office.

What about if he was an ordinary citizen when he commited the crime prior to taking office?

Will be interesting to see what happens

My own view is more than likely he is safe from arrest while in office. But of course he can be impeached while in office. The house decide on prosecution and the senate run the trial with the Chief Justice in the chair.

But we may well see the issue before the SC in next few years.

GM228

The Attorney General's opinion concluded in 2000 that indictment or criminal prosecution of a sitting President was impermissible and unconstitutional because it would undermine the capacity of the executive branch to perform its constitutionally assigned functions.

This would apply to past allegations.

This is their report:-
https://www.justice.gov/sites/default/files/olc/opinions/2000/10/31/op-olc-v024-p0222.pdf

That said, however, the US Supreme Court has previously ruled that a sitting president has no immunity from civil actions as a result of actions before taking office.

lifeandtimes

GM228 wrote: »

That said, however, the US Supreme Court has previously ruled that a sitting president has no immunity from civil actions as a result of actions before taking office.

So in theory could he could be tried for sexual assault allegations while in office?

GM228

lifeandtimes wrote: »

So in theory could he could be tried for sexual assault allegations while in office?

Yes, remember Bill Clinton and Paula Jones, this was the very case which brought about that ruling in the Clinton vs Jones 50 US 681 [1997] Supreme Court case.

brian_t

It was reported earlier on (Fake news channel) that Trump has sought advise as to whether or not he can pardon himself for any crimes he may have committed.

lifeandtimes

brian_t wrote: »

It was reported earlier on (Fake news channel) that Trump has sought advise as to whether or not he can pardon himself for any crimes he may have committed.

Wouldn't he have to be convicted before he can pardon himself for crimes?

He can't pardon himself on a murder charge unless he's been charged for it first

Really Interested

brian_t wrote: »

It was reported earlier on (Fake news channel) that Trump has sought advise as to whether or not he can pardon himself for any crimes he may have committed.

That is old and real news https://www.google.ie/amp/s/www.vox.com/platform/amp/policy-and-politics/2017/7/21/16007934/donald-trump-mueller-russia-investigation-pardon-impeachment

Fred Swanson

This post has been deleted.

lifeandtimes

Fred Swanson wrote: »

I would fully expect the new President to issue a full and unconditional pardon to the former president.

So to continue on with this story

Would such an act not then impose a vote of no confidence in the new president if they were to pardon a previous president who may have commited acts against the law?

Surely a president must hold a demeanour of respect and integrity and to pardon some one who (allegedly) doesn't have them views would speak volumes for them as a president right?

Fred Swanson

This post has been deleted.

Peregrinus

lifeandtimes wrote: »

Wouldn't he have to be convicted before he can pardon himself for crimes?

He can't pardon himself on a murder charge unless he's been charged for it first

Nope. The President can (and does) issue pardons for crimes of which people have yet to be charged. Ford's pardon of Nixon was in these terms - a pardon for "any crime against the United States committed between [date] and [date]". At that point, Nixon had not been charged with any crimes at all (and, as a result of the pardon, he never was).