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03-08-2015, 12:41 PM
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#61
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Valued Poster
Join Date: Jun 12, 2011
Location: Olathe
Posts: 16,815
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Yes, a convicted felon can run for president and some have. Others have ran for lesser offices and WON while serving time.
More tricky to say that a president can avoid indictment (see Clinton) while in office. Their official immunity has to be tied to them official duties in office. Why do you think the official reframe from the Clinton camp was that he wanted to get back to the work of the people.
Impeachment is a political act in response to an ambiguous set of charges (high crimes and misdemeanors): treason would certainly be one, murder another, but over the years various charges like lying to the public and using the IRS for political purposes have been added to the list. We also have suborning perjury, perjury, and witness tampering. Punishment upon conviction can range from an official censure or removal from office.
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03-08-2015, 09:53 PM
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#62
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Account Disabled
Join Date: Apr 1, 2009
Location: TBD
Posts: 7,435
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Quote:
Originally Posted by Jackie S
So, if a person has a felony conviction, can he run for President?
And if a sitting President "breaks a law", (say he beats his wife), can he even be prosecuted unless first impeached , convicted, and removed from office?
Keep in mind, impeachment is a political Process, and we now live in a Country where one major political party goes by the mantra......"party first, Country second".
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If the President breaks the law, he or she gets arrested, tried and imprisoned like everyone else. NO ONE is above the law.
Impeachment is a separate process that can REMOVE the President from office for "high crimes and misdemeanors" - but not imprison him - only a jury or jury in a court of law can do that.
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03-08-2015, 10:41 PM
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#63
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Valued Poster
Join Date: Jan 3, 2010
Location: South of Chicago
Posts: 31,214
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Quote:
Originally Posted by JD Barleycorn
Yes, a convicted felon can run for president and some have. Others have ran for lesser offices and WON while serving time.
More tricky to say that a president can avoid indictment (see Clinton) while in office. Their official immunity has to be tied to them official duties in office. Why do you think the official reframe from the Clinton camp was that he wanted to get back to the work of the people.
Impeachment is a political act in response to an ambiguous set of charges (high crimes and misdemeanors): treason would certainly be one, murder another, but over the years various charges like lying to the public and using the IRS for political purposes have been added to the list. We also have suborning perjury, perjury, and witness tampering. Punishment upon conviction can range from an official censure or removal from office.
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True. Wilson had Eugene Debbs in prison, but Debbs ran for president anyway.
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03-08-2015, 10:49 PM
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#64
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Account Disabled
Join Date: Jun 19, 2011
Location: Dixie Land
Posts: 22,098
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03-09-2015, 05:10 AM
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#65
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by I B Hankering
True. Wilson had Eugene Debbs in prison, but Debbs ran for president anyway.
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Was there a statute in place at that time prohibiting Debbs from serving in public office?
The statute regarding classified information is rather specific, and to morph the conversation into "all felonies" in order to attempt to "BE CORRECT" is spurious at best.
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03-09-2015, 06:17 AM
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#66
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Valued Poster
Join Date: Jan 3, 2010
Location: South of Chicago
Posts: 31,214
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Quote:
Originally Posted by LexusLover
Was there a statute in place at that time prohibiting Debbs from serving in public office?
The statute regarding classified information is rather specific, and to morph the conversation into "all felonies" in order to attempt to "BE CORRECT" is spurious at best.
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Interesting question that would require research to answer, and the answer might not be on the internet considering the age of the incident. The issue is mostly discussed to show how Wilson's Anti Sedition Act restricted Americans' -- Debs', et al, in particular -- First Amendment rights: the right to "Free Speech". Debs, campaigning from prison, secured 913,693 popular votes, or 3.41% of the electorate (wiki).
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Eugene Debs' candidacy in 1920 was unique in the history of American politics, as the candidate was in prison for the entirety of the campaign. There was even some question as to whether or not Debs was even eligible to run as many believed that Debs had lost his citizenship as a result of his conviction. It wasn’t until half a century later that the Justice Department made clear this was not the case (source).
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Harding commuted Debs' sentence in December, 1921. A White House statement read:
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"There is no question of his guilt....He was by no means as rabid and outspoken in his expressions as many others, and but for his prominence and the resulting far-reaching effect of his words, very probably might not have received the sentence he did. He is an old man, not strong physically. He is a man of much personal charm and impressive personality, which qualifications make him a dangerous man calculated to mislead the unthinking and affording excuse for those with criminal intent."
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03-09-2015, 06:56 AM
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#67
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Valued Poster
Join Date: Mar 31, 2010
Location: Houston
Posts: 15,054
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Arrest a sitting President? I just don't think any law enforcement agency can do that as long as he is in office.
Sure, they can file charges, do all of the paperwork, but to physically arrest a Sitting President, that's not going to happen. The event would have to take place either after impeachment, conviction, and removal from office, or wait until he is no longer President..
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03-09-2015, 07:08 AM
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#68
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Account Disabled
Join Date: Jun 19, 2011
Location: Dixie Land
Posts: 22,098
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03-09-2015, 02:36 PM
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#69
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by Jackie S
Arrest a sitting President? I just don't think any law enforcement agency can do that as long as he is in office.
Sure, they can file charges, do all of the paperwork, but to physically arrest a Sitting President, that's not going to happen. The event would have to take place either after impeachment, conviction, and removal from office, or wait until he is no longer President..
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I think you are getting two concepts confused. The statute to be enforced against her has a specific provision for disqualification from holding public office and removal from public office upon conviction. The Constitutional amendment authorizing the transition of power to the VP is now in place to "handle" such a situation. That is different from the President getting arrested on a felony charge.
For example LBJ was known for driving from Austin to "the Ranch" intoxicated and 290 was "closed" by DPS until he made it home, but had he struck and killed someone while DWI it would have been a felony, but not one that would specifically disqualify him remaining in office. That would require an impeachment proceeding.
The felony regarding Hillary is about national security with a specific provision.
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03-09-2015, 02:46 PM
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#70
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Valued Poster
Join Date: Jan 3, 2010
Location: Clarksville
Posts: 61,274
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03-09-2015, 02:47 PM
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#71
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Valued Poster
Join Date: Jan 3, 2010
Location: Clarksville
Posts: 61,274
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Quote:
Originally Posted by IIFFOFRDB
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LMAO @ SLOBBRIN!
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