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Started By
Message
re: Andrew Weissmann's intentional ignorance on checks and balances.
Posted on 4/29/24 at 7:38 pm to SlowFlowPro
Posted on 4/29/24 at 7:38 pm to SlowFlowPro
quote:
Now state prosecutions...that's much more of a spicy meatbal
Reading this thread raises interesting questions
Hypothetical:
Republican President is in New Orleans with Republican house and senate. Giving speech and there is a heckler. President walks off the stage and pulls a gun and kills the heckler.
Does the constitution prohibit LA from charging him with murder? Is he allowed to continue to serve absent some impeachment?
I have to believe, in this hypo, that POTUS can be charged and tried with murder even without impeachment.
This post was edited on 4/29/24 at 7:41 pm
3
Posted on 4/29/24 at 7:49 pm to dafif
quote:
I have to believe, in this hypo, that POTUS can be charged and tried with murder even without impeachment.
Exactly. It just doesn't make sense.
The reason federal prosecution is potentially limited is due to separation of power. This limitation does not apply to states.
Posted on 4/29/24 at 8:51 pm to dafif
quote:
Republican President is in New Orleans with Republican house and senate. Giving speech and there is a heckler. President walks off the stage and pulls a gun and kills the heckler. Does the constitution prohibit LA from charging him with murder?
No.
quote:
Is he allowed to continue to serve absent some impeachment?
We honestly don’t know. That issue has never been litigated and given the hypothetical, probably never will. Mostly because such a situation would absolutely result in impeachment and removal from a practical perspective.
It would be a constitutional crisis for sure.
quote:
I have to believe, in this hypo, that POTUS can be charged and tried with murder even without impeachment.
He can certainly be charged. Whether or not the State would have the power to compel his appearance at trial or try him in abstentia would be the legal issue of the century.
This post was edited on 4/29/24 at 8:52 pm
Posted on 4/30/24 at 11:06 am to dafif
quote:That POTUS would either be removed vis-a-vis the 25thA or Impeachment.
Hypothetical:
Republican President is in New Orleans with Republican house and senate. Giving speech and there is a heckler. President walks off the stage and pulls a gun and kills the heckler.
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