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Title: What do you think?
Source: knuckledraggin.com
URL Source: http://knuckledraggin.com/2016/08/what-do-you-think-comments-please/
Published: Aug 11, 2016
Author: Staff
Post Date: 2016-08-11 14:30:26 by Stoner
Keywords: None
Views: 3442
Comments: 22

Here’s a very scary thought…………..

I had to take my vehicle to the mechanic the other day for service. The Service Manager, Pete, gave me a ride home and on the way he told me his theory about the upcoming election and the next four years of U.S. government. At first I thought it a bit far fetched. But as I listened to him it began to make sense, scary sense… “I believe that Hillary Clinton will win the election in November,” Pete began. “Then, sometime between November and January, Hillary will be indicted. The IRS is now investigating the Clinton Foundation and the whole e-mail thing isn’t over yet.” “Once under indictment she won’t be able to assume the Office of the President in January. Tim Kaine, who will not actually be the Vice President because neither he nor Hillary have been inaugurated, cannot assume the Presidency.” “The Speaker of the House can’t move up to it because there is already a sitting President and Vice President. So President Obama, in an Executive Order citing “emergency situation,” gives himself another four years in office is the only way possible.” Pete believes Obama has been planning this for a while now, knowing he has enough on Hillary to indict her. Had the Attorney General indicted her based on evidence from the FBI this plan wouldn’t have worked because the DNC would have quickly come up with another candidate If you think about it, it’s not that outrageous. Many people on the left, including the President, want Obama to stay another four years. The law prohibits him from being re-elected so the only ways he can do it is by declaring martial law and suspending the election (which would be a very negative thing for the country) or to declare himself still President because the elected candidate cannot assume her duties. The latter makes more sense and is actually more feasible. And since it’s never been done before, it would set a precedent that would be difficult to challenge. Of course, if Trump wins the election none of this is going to happen. But what if Pete is correct? Four more years of Obama and a mostly useless Republican House and Senate would give Obama the time he needs to continue destroying changing the country to fit his stated goals. I thanked Pete for the ride home – and for messing up my day. Now I’ve got more things to worry about.


Damn, that is a scary thought. What do you all think ?

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Begin Trace Mode for Comment # 8.

#8. To: Stoner (#0)

What do you all think ?

I think it's nutty.

There is nothing in the Constitution that prevents an elected President from taking the oath of office and assuming the office just because he or she is under indictment.

There is this belief that somehow indictment stops the process. It's similar to the belief that if the elected President is not trustworthy, that he or she could be denied a security clearance.

These beliefs are fantasies.

The elected President is inaugurated on January 20th. Nothing can stop that but death or incapacitation. If she were indicted, then she'd fight the indictment and the case while President. If Congress were to impeach, it could do so. In fact, if she were indicted and convicted, should could not be removed from office WITHOUT an impeachment. She could not be put in jail or any such thing. Nobody has the authority to walk up and arrest the President, and the Secret Service would detain anybody who tried. Law enforcement does not have the authority to walk past the Secret Service.

The situation might provoke a constitutional crisis, but Hillary would take office and be removed later. Impeachment couldn't be gotten going in that amount of time.

It cannot happen this way.

She'd take office, and the investigation would proceed. If convicted, she would serve her time in office and only check into prison afterwards, unless she were impeached and removed from office. You can't stick a sitting President in jail for a criminal offense. You have to remove her by impeachment first.

Vicomte13  posted on  2016-08-11   17:16:16 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 8.

#9. To: Vicomte13, Stoner (#8)

She'd take office, and the investigation would proceed. If convicted, she would serve her time in office and only check into prison afterwards, unless she were impeached and removed from office. You can't stick a sitting President in jail for a criminal offense. You have to remove her by impeachment first.

I believe a sitting President would be immune from criminal process. This immunity does not apply to the Vice President.

I would expect a rapid impeachment and removal, followed by prosecution (or a resignation and pardon).

A Sitting President's Amenability to Indictment and Criminal Prosecution, Justice Department, Office of Legislative Counsel, October 16, 2000.

At 260:

In 1973, the Department of Justice concluded that the indictment and criminal prosecution of a sitting President would unduly interfere with the ability of the executive branch to perform its constitutionally assigned duties, and would thus violate the constitutional separation of powers. No court has addressed this question directly, but the judicial precedents that bear on the continuing validity of our constitutional analysis are consistent with both the analytic approach taken and the conclusions reached. Our view remains that a sitting President is constitutionally immune from indictment and criminal prosecution.

RANDOLPH D. MOSS
Assistant Attorney General
Office of Legal Counsel

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

nolu chan  posted on  2016-08-11 18:28:44 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 8.

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