who has the power to indict the president and attorney general

Can the District Attorney indict a president who is out of office?

Jan 14, 2019 · If Congress has become so degraded that such an impeachment and conviction did not occur, the country would face many more profound problems than that of postponing the indictment of the president. Moreover, even were I to concede that there might in some extreme case be a convincing cause for creating an exception to the general rule, it’s ...

How does an attorney general work?

Dec 11, 2018 · Former Obama Attorney General Suggests Creative Way to Indict a Sitting President. Ronn Blitzer Dec 11th, 2018, 11:51 am . ... Constitution does not anticipate allowing a president who used fraud to obtain the office to remain in power. Executive branch paralysis during the criminal process is not a compelling argument- consider 25th Amendment.

Can a state law enforcement officer arrest the President?

Dec 10, 2018 · The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions. Attachment: op-olc-v024-p0222_0.pdf

Can the Attorney General be impeached?

Mar 12, 2019 · The Attorney General refusing to allow Mueller to indict the president ‘would automatically trigger the reporting requirement to Congress.’ The legal reason Mueller might recommend indicting the president would be to stop the statute of limitations running out while Trump remains in office.

Can a president be Court martialed?

The Commander-in-Chief a Civilian Officer. ... The President does not enlist in, and he is not inducted or drafted into, the armed forces. Nor, is he subject to court-martial or other military discipline.

Does the President have qualified immunity?

The Supreme Court has held that a president is absolutely immune from private suits for damages challenging conduct that falls within the “outer perimeter” of the president's official responsibility.Aug 2, 2021

Can you sue a sitting president?

Lawsuits can be filed against a sitting president, and in some instances, can begin pre-trial before the end of a presidential term. Presidential immunity applies if the President can prove that a lawsuit interferes with their constitutional duties and obligation to the people of the United States.

What is executive privilege?

Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and other oversight by the legislative and judicial branches of government in ...

Does the President have sources of power other than the Constitution?

inherent powers: Inherent powers are assumed powers of the president not specifically listed in the Constitution. Inherent powers come from the president's role as chief executive.

Who is protected by absolute immunity?

Absolute immunity provides legal protection to judges, prosecutors, legislators, and executive officials for actions committed in their official duties without malice or corrupt motives. Absolute immunity protects these individuals from both criminal prosecution and civil lawsuits.

Do ex presidents have immunity?

The original act provided for lifetime Secret Service protection for former presidents. ... All living former presidents and their spouses after Dwight D. Eisenhower are now entitled to receive lifetime Secret Service protection. Their children are entitled to protection "until they become 16 years of age".

Can you sue an ex president?

In a 5–4 decision, the Court ruled that the President is entitled to absolute immunity from legal liability for civil damages based on his official acts. The Court, however, emphasized that the President is not immune from criminal charges stemming from his official or unofficial acts while he is in office.

Can a citizen sue the President of the United States for slander?

As long as the defamatory statement is made while the President is performing their official role (such as speaking at a press conference or making a campaign speech) a lawsuit cannot be pursued against them.

Which presidential power or duty is most likely to give the president tremendous public exposure which can be an important asset in a campaign for reelection?

Being chief of state gives the president tremendous public exposure, which can be an important asset in a campaign for reelection.

Which type of powers does the Constitution deny the president?

Constitution expressly denies the national government the power to levy duties on exports; to take private property for public use without the payment of just compensation; to prohibit freedom of religion, speech, press, or assembly; to conduct illegal searches or seizures; and to deny to any person accused of a crime ...

What two roles not mentioned in the Constitution has the president taken on over the years?

What other two roles has the President taken on over the years that are not mentioned in the Constitution? Party leader and Chief or state. ... Once the President has committed the United States to a treaty, it is hard for the Senate to say no.

Can you indict a sitting president?

US President Donald Trump departs Fort Benning, Georgia, March 8, 2019 after touring areas in neighboring Alabama affected by recent tornados. (Photo by Nicholas Kamm / AFP) (Photo credit should read NICHOLAS KAMM/AFP/Getty Images)

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Can impeachment be extended?

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Can the President be prosecuted?

In sum, whether the president can be prosecuted prior to impeachment remains controversial. After impeachment, the president can definitely be prosecuted in the U.S. Even in another country, the president could be prosecuted for acts that weren’t part of his job or violated international criminal law.

What is Section 3053?

Section 3053, which governs U.S. marshals, gives them similar authority to make warrantless arrests. Not all federal agents have the same broad arrest powers, but nothing in the statutes prevents them from arresting government officials. Similarly, state law enforcement officers can arrest those who violate state laws.

Why did Mueller not indict Trump?

Former special counsel Robert Mueller testified Wednesday that he did not indict President Donald Trump on obstruction of justice charges because of Department of Justice guidelines barring a sitting president from being indicted — but later clarified his remarks.

What did Robert Mueller say in his opening statement?

In Mueller's opening statement that came later before the House Intelligence Committee, the former special counsel said he wanted to "correct the record" on his exchange with Lieu. "That's not the correct way to say it," Mueller said. "We did not reach a determination as to whether the president committed a crime.".

Who was the former US Attorney for the Southern District of New York?

Former U.S. Attorney for the Southern District of New York Preet Bharara — an Obama appointee who was initially asked to stay on the job by Trump before the president changed his mind and fired him — tweeted the exchange was "very very close to Mueller saying that but for the OLC memo, Trump would have been indicted.".

Who testified before the Senate Judiciary Committee?

In early May, Attorney General William Barr testified before the Senate Judiciary Committee that Mueller "reiterated several times in a group meeting that he was not saying that but for the OLC opinion he would have found obstruction.".

What does the Attorney General do?

The attorney general prosecutes cases that involve the government and gives advice to the president and heads of the executive departments when needed. As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, ...

Who is the attorney general appointed by?

Some attorneys general are elected in statewide contests, while others are appointed by the governor, legislature or supreme court. The projects that an attorney general can take on are wide ranging.

What is the role of an attorney?

While attorneys are responsible for prosecuting offenses against the United States and prosecuting or defending in proceedings in which the United States requires representation, marshals issue orders and processes under the authority of the United States.