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Can the president be indited or subpoena

XerxesTWD

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Re: Can the president be indited or subpoena
« Reply #15 on: September 13, 2018, 12:17:30 PM »
No. I don't think a President should be able to be subpoenaed or indicted. Separation of powers. You can't let the Judicial Branch have the power to run roughshod over the Executive.
There is a mechanism for dealing with an out of control President: Impeachment. And after removed from office, the courts can then go at him, within certain limitations.
That's not how separation of powers works. Law enforcement is part of the Executive Branch.

Legislative creates the laws.
Judicial interprets the laws.
Executive enforces the laws.

No single American citizen is or should be above the law of the land, regardless of wealth or elected position. POTUS is an employee of the citizens, not their sovereign king.

NeoGreenLantern

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Re: Can the president be indited or subpoena
« Reply #16 on: September 13, 2018, 01:07:47 PM »
Yeah president might be the highest office but that doesn't mean he's untouchable. He's not the queen of England.

Pillow Biter

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Re: Can the president be indited or subpoena
« Reply #17 on: September 13, 2018, 01:08:52 PM »
I agree, but don't follow. Is not the MECHANISM for the citizens taking control of an out-of-control President the impeachment process? Nobody is saying anyone is above all laws.
At any rate, I'm not a Constitutional scholar or jurist, so these are just the impressions I've always had. Could well be wrong.

NeoGreenLantern

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Re: Can the president be indited or subpoena
« Reply #18 on: September 13, 2018, 06:34:26 PM »
Its the judicial branches unwritten policy not to try and do it but there is no hard rule they can't. But if the evidence says he committed a crime and for whatever reason the house doesn't want to step in I don't see why the judicial branch shouldn't step in.

Rufio

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Re: Can the president be indited or subpoena
« Reply #19 on: September 14, 2018, 12:37:51 PM »
The judicial branch doesn’t have the power to arrest and prosecute. The way that presidents get investigated and potentially indicted is through the executive itself. That’s why it’s a delicate and complicated issue.

Although it didn’t touch on this exact issue, Morrison v. Olson is the case to read for a good synopsis of the ability to create prosecutors who are independent of the president:

https://en.m.wikipedia.org/wiki/Morrison_v._Olson

(Independent Counsel no longer exist because the statute authorizing them expired. Only special counsel exists now).

Scalia was the lone dissenter in Morrison, but his dissent has some ideas that are recognized in other SCOTUS cases. For another case where his more expansive view of presidential power won out, look here:

https://en.m.wikipedia.org/wiki/Free_Enterprise_Fund_v._Public_Company_Accounting_Oversight_Board

Google the names of the cases to read them. There’s some good historical analysis and discussion of practical concerns with separation of powers.