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The Constitution rules on immunity for sitting presidents
By: Eric, on 11 Dec 2018


The Justice Department has always had a policy of not prosecuting sitting presidents on the grounds that the Constitution lays out that they should be instead impeached.

 This policy is unconstitutional.


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Topic Statement Status Last Changed: 11 Dec 2018
Laurence Tribe editorial says it's unconstitutional because VP might pardon impeached and convicted president
This blatantly ridiculous display of trump derangement syndrome won't stand scrutiny
The Constitution rules on immunity for sitting presidents

While admitting that the Constitution lays out clearly impeachment is the only means by which a president may be removed from office, and specifically states that after being removed from office he may be indicted and charged for crimes, Tribe says that it must be that the Constitution also allows presidents to be tried for crimes because otherwise the president might conspire with the vice president to pardon him, thus escaping punishment.

Tribe states that the Justice Department has always had a policy of not prosecuting a sitting president based on the obvious language of the impeachment clause but he says this is wrong and unconstitutional.

https://www.bostonglobe.com/opinion/2018/12/10/constitution-rules-out-sitting-president-immunity-from-criminal-prosecution/6Byq7Qw6TeJlPVUhlgABPM/story.html

 


Tribe's claim is that he interprets the Constitution better than 229 years of precedent.

 If the VP conspires with the president, the Constitution provides a clear remedy: namely impeaching the VP. As a practical matter, this will be easy because it will occur according to his argument in a context where the president has already been impeached meaning the Congress is politically against his party.

 The founders were justly and rightly concerned about rogue prosecutors and political prosecutions of the president. Thus they made clear these were not allowed in the impeachment clause.

 Right now it is apparent that the deep state is  much of the way to taking over the government. We are living in a country where the CIA spied on the Senate, Brennan, the CIA director, lied under oath about this to the Senate, and then was forced to admit he had lied, and he wasn't even fired, much less prosecuted for perjury or sedition! Then, two years after the election  the controlled media screamed when his security clearance was lifted!  Moreover the deep state even according to Comey's testimony launched an investigation of Trump's campaign including investigating former members of it and surveilling them with no evidence that he can recall. Moreover they didn't prosecute his opponent, although it's  undisputed that she had her emails deleted after receiving a subpoena for them. https://www.theepochtimes.com/key-takeaways-from-james-comeys-testimony-before-congress_2734427.html  There is a clear and present danger that a rogue prosecutor will end our democracy.

 If the president were pardoned for actual crimes and escaped justice, why would Tribe conclude that was a worse scenario in the eyes of the authors of the Constitution than rogue prosecutors? Rogue prosecutors damage the country And are close to ending our democracy.

 


The Justice Department has always had a policy of not prosecuting sitting presidents on the grounds that the Constitution lays out that they should be instead impeached.

 This policy is unconstitutional.


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