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re: Andrew Weissmann's intentional ignorance on checks and balances.
Posted on 4/29/24 at 8:51 pm to dafif
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 4/29/24 at 8:59 pm to Indefatigable
Having to jump all the way to murder to demonstrate a point on the matter I think is somewhat telling, and yes I know you weren’t the one who introduced that example. I think we would probably find much, much more common ground on the issue in that particular instance. But alas we’re back in the far opposite direction on severity of the alleged crime at hand.
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