Arresting the President

@Lydia_MarieM  It does actually say he can be held accountable, that’s what impeachment is. But I hate getting into these interminable back-and-forth Twitter fights that are not discussions but ego-fests. This is an important issue right now, so I’m going to do this blog post to address it.

I’m a writer. Let’s have a story called TRUMP GETS ARRESTED:

ACT ONE: Pick a crime or several. Gather enough evidence that would result in a reasonable likelihood of successful prosecution. Determine where and what has jurisdiction. I don’t think you can, but in our story it happens. The Prosecutor gets an arrest warrant.

ACT TWO: Who finds Trump and handcuffs him? You gonna send a SWAT team to the WH to battle the Secret Service and roof snipers to make this arrest? What’s the law on that? See, he’s the President. He can surround the WH with a division of the U.S. Army if he wants.

BUT – a lot of charges against VIPs are called in and the lawyer accompanies his client to an arraignment all voluntary and civilized. Anyone think Trump isn’t gonna tell ’em to fuck off?

INTERMISSION: You realize the most fantastical thing so far is any judge issuing an arrest warrant? Because it has long been considered—long meaning for a couple hundred years—illegal to arrest a sitting President. And while there are opposing opinions, there are ALWAYS opposing opinions, NO ONE IS GOING TO SET THIS PRECEDENT.

obamajail-80234813300

No one. Because then someone can manage to drum up charges against a future Obama and he’ll be arrested. See, the whole idea this can happen is beyond fantasy. BUT let’s say Trump and his attorney agree to appear for arraignment: reading of charges and entry of plea.

ACT THREE: Trump and his attorney standing before the bar. The Prosecutor at his table, the news media lined up along the back wall. The American public glued to their Twitter feed. The Defense asks the Court for a formal reading of charges into the record. The Judge does this. The Prosecutor stipulates those are the charges. The Court asks how the defendant pleads. Donald Trump answers for himself (of course) and says loudly: “GUILTY TO ALL CHARGES AND COUNTS.”

ACT FOUR: Courtroom gets a little noisy, press members are having orgasms, Judge is asking if Trump means what he says and is advising him of consequences, wanting confirmation for the record. Trump is bent briefly over table signing something. Finally the courtroom quiets and the Defense hands Court a copy of the paper Trump just signed.

Trump holds up paper and says, “I give myself a full pardon” and walks out of he courtroom scott-free.

Constitutionpardon

There will be no trial, no evidence presented, nothing. POTUS can pardon any one anything Federal EXCEPT FOR IMPEACHMENT. We could get around this, of course, by hoping some state AG or some county DA can somewhere can make a case. Then we’re back to how do they arrest him? Gonna try and extradite him from D.C.?  He’ll be at the end of his 2nd term before the motions and hearings get started.

“…EXCEPT IN CASES OF IMPEACHMENT.”

Under the Constitution, there is one way to forcibly remove a sitting president. Impeachment. People trying to intimidate Congress, should be charged now. Bikers and whoever makes any threat against the House proceeding should be jailed.

YOU CANNOT CHARGE A SITTING PRESIDENT WITH A CRIME. And I promise: you do not want to.

I am sure Lydia will have many, many things to say and cites to make and all that. She can have all the last words. I have a book to write.

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