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If a sitting President had damning evidence of committing murder well before holding office, what would happen?

repoman

repoman

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Just a random idea popped into my head, but I think pushing the limit of past crimes not related (unless he killed a potential opponent) to the office should be interesting.

Impeachment, hold trial, delay trial?

What would Jonathan Turley say?

Also, this is partially about Trump since it is highly, highly, highly likely he used his real estate holdings to do the difficult to prove (and statute of limitations affected) crime of money laundering for the plundering Russian oligarchs. But that is not murder.
 
It depends on whether or not his party holds Congress. If it does, then nothing will happen because it's all just allegations which haven't been proven in court.
 
repoman said:
Yes, but the charges would be brought by a state prosecutor.
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Isn't there some rule that only the Congress can take a sitting President to court and must do so through the impeachment process?
 
The issue isn't settled (in court) on whether a president can be indicted, but most legal opinion I've seen says it can't happen while in office. After office, yes.
 
Could a state or federal prosecutor have pending charges compiled and made public while a president is in office?

I wonder if a president could be prevented from traveling abroad (fleeing future justice) if the charges were heinous enough (murder, rape) and congress did not impeach.
 
Tom Sawyer said:
It depends on whether or not his party holds Congress. If it does, then nothing will happen because it's all just allegations which haven't been proven in court.
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i disagree here - it depends on which party the president belongs to, because regardless of who control the senate and congress (or both) the reaction would be the same.

if it's a republican:
legally: absolutely nothing will happen at any level of an official capacity - there might be some kind of special prosecutor or legal investigation, but the outcome is irrelevant and it will never go anywhere, it will stall out or just kind of be forgotten.
politically: nobody in congress or the senate would do anything - no impeachment, no sanctions, nothing. the democrats might have a couple people give interviews questioning if murder makes the guy fit to be president, but that's about it.
culturally: the left will bemoan how the president is a murderous crook with questionable moral values, and the right will proclaim him the greatest american who ever lived. no change will happen whatsoever within the political paradigm.

if it's a democrat:
legally: there will be a special prosecutor, FBI investigation, state federal agencies will get involved, someone from the CIA will chime in. charges will be filed for criminal proceedings as well as a civil case.
politically: the dems will "cross the aisle in the interest of political unity" to file sanctions, probably impeachment, democrats will denounce the president and republicans will burn effigies in the streets while screaming about the coming of the anti-christ.
culturally: "democrats are murders" becomes the new meme, democrats are a minority part for the next 15-20 years at least.
 
The office held should not absolve one from answering charges. The president should be afforded the opportunity to be present at every stage of the trial. Should he refuse, the trial should go forward in absentia. If convicted and congress refuses to impeach, punishment (hanged, drawn and quartered) commences upon his vacating the office.
 
TV and credit cards said:
The office held should not absolve one from answering charges. The president should be afforded the opportunity to be present at every stage of the trial. Should he refuse, the trial should go forward in absentia. If convicted and congress refuses to impeach, punishment (hanged, drawn and quartered) commences upon his vacating the office.
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... unless he has the foresight to pardon himself :D

ETA: I think there should be a law that anyone who serves as President should NEVER be allowed to be pardoned by himself or another President or Governor. That might give pause to scumbags like Cheato in the future.
 
Elixir said:
That might give pause to scumbags like Cheato in the future.
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That's one of the arguments for the Death Penalty. It stops the killer from killing again AND it should give other potential killers pause.
Except, most murders are EITHER done by people that are caught up in the moment and not thinking about consequences, or by professionals who are absolutely sure they won't get caught

Very strangely, both conditions seem to apply to FFvC... I mean, two years ago, i'd have said no one could EVER accidentally fall into the presidency, but now...
 
repoman said:
Just a random idea popped into my head, but I think pushing the limit of past crimes not related (unless he killed a potential opponent) to the office should be interesting.

Impeachment, hold trial, delay trial?

What would Jonathan Turley say?

Also, this is partially about Trump since it is highly, highly, highly likely he used his real estate holdings to do the difficult to prove (and statute of limitations affected) crime of money laundering for the plundering Russian oligarchs. But that is not murder.
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We could then charge Bush and Blair for genocide (which I believe we should). Trump may well have known who he was dealing with. Just after the communist era just about any business was mob run or linked to the mob, after having operated underground before that time.
 
Keith&Co. said:
...two years ago, i'd have said no one could EVER accidentally fall into the presidency, but now...
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I'm sure FFvC would have withdrawn if he thought he was going to win. Even an ignoramus like him would know that scrutiny of his past financial misdeeds would surely follow.
 
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