General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTrump Could be Arrested by a Senator right now... today.
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors... so you can't really arrest a president the same as normal.
So I think the only way to arrest him would be before he is elected. If there was enough evidence right now, and people willing to do it, it would be awesome to see him taken in and booked.
BUT -- imagine if a Senator who saw the classified intel went up to Trump and did a Citizen's Arrest?? That IS possible.
Citizens Arrest:
Most states have codified the common law rule that a warrantless arrest may be made by a private person for a felony, misdemeanor or "breach of peace".[56] A breach of peace covers a multitude of violations in which the Supreme Court has even included a misdemeanor seatbelt violation punishable only by a fine. The term historically included theft, "nightwalking", prostitution and playing card and dice games.[57]
"Public offense" is read similarly as breach of peace in this case and includes felonies, misdemeanors and infractions.[58][59] Note that there is generally no provision for an investigative detention by a private person under the law. With certain exceptions (see below) an arrest must be made. "Holding them until the police get there", is simply a form of arrest. The officer is accepting the arrest and processing the prisoner on behalf of the private person.[60]
In the case of felonies, a private person may make an arrest for a felony occurring outside their presence but the rule is that a felony must have, in fact, been committed . For example, imagine a suspect has been seen on surveillance video vandalizing a building to the extent that the arrestor believes it rises to a felony due to the damage. If they find the suspect and make the arrest but it later turns out that it was misdemeanor damage, the arrestor is liable for false arrest because a felony had not, in fact, been committed.
sources: Wikipedia
J_William_Ryan
(1,753 posts)stonecutter357
(12,697 posts)paleotn
(17,912 posts)seriously.
SCantiGOP
(13,869 posts)paleotn
(17,912 posts)there's little politically that's not delusional these days.
SCantiGOP
(13,869 posts)I would expect Obama to be arrested before the end of his term.
tritsofme
(17,377 posts)tenorly
(2,037 posts)The Pee-resident-elect and the other Republicans know that no Democrat would risk doing anything that could result in a horde of assault rifle-toting, Limbaugh-incited rednecks shooting up federal buildings and black churches.
MFM008
(19,808 posts)Some of us snowflake liberals have arsenals as well and know how to use them.
tenorly
(2,037 posts)I just don't want to see people get hurt though.
Raine1967
(11,589 posts)people will die because of the incoming administration's policies and the GOP led Congress.
That's the part that terrifying.
it won't be from an arsenal or a riot -- it will be through policies and greed.
tenorly
(2,037 posts)You went to the heart of matter - what our indignation over Trump is all about.
Delphinus
(11,830 posts)Absolutely.
alfredo
(60,071 posts)but we don't brag about, or use the fact to intimidate others.
Augiedog
(2,546 posts)kerouac2
(449 posts)Plenty of able bodied statesman standing all round him and supreme court judges to let everyone know that it is indeed legit.
And it looks like more of us will be in that neighborhood than them...
paleotn
(17,912 posts)...they can get their over sized rear ends off the couch, away from the NFL and focus on one thing long enough to do much damage? Minus those who accidentally shoot themselves, of course. They're already perpetually pissed off. A bit more won't make much difference. In reality, we tend to fear these morons far, far more then we should.
tenorly
(2,037 posts)As I was telling MFM008, part of me would love to see those Trumpkins try it. It would be their chance to get truly acquainted with the "law and order" they profess to adore so much.
But then, so many other people - good, innocent people - could get hurt, and we can't have that. My hope is that the inaugural is an epic failure and embarrassment - but uneventfully so.
stonecutter357
(12,697 posts)treestar
(82,383 posts)Where citizen's arrest was made a joke of.
GaYellowDawg
(4,446 posts)EVER.
kerouac2
(449 posts)If some stranger approached, maybe. But a Senator could walk right up and do it. He ain't prez yet.
FarCenter
(19,429 posts)kerouac2
(449 posts)Adam Schiff would be perfect.
After receiving his degree from Harvard, Schiff was a lawyer, working as a prosecutor in the Los Angeles branch of the U.S. Attorney's Office.
During his time as an assistant U.S. Attorney, he gained attention by prosecuting a case against Richard Miller, a former FBI agent convicted of "passing secret documents to the Soviet Union in exchange for a promised $65,000 in gold and cash."[3]
The first time Miller was tried, it resulted in a hung jury; the second time, it resulted in a conviction overturned on appeal,[4] and the third time he was convicted.
Bio sourced from wikipedia
FarCenter
(19,429 posts)Donkees
(31,396 posts)deaniac21
(6,747 posts)[link:
|cwydro
(51,308 posts)DU is hilarious these days.
paleotn
(17,912 posts)I discount nothing and nothing surprises me anymore.
Spider Jerusalem
(21,786 posts)TeamPooka
(24,223 posts)or a citizen.
lancelyons
(988 posts)What needs to happen is for some media outlet to get proof that Trump and Russia colluded before the election to do the hacking, etc.
I think they are close on this and FBI and CIA are probably investigating but Trump will quash the FBI and CIA when he gets in office.
He will also use those offices to investigate his opponents.
Im not sure there will be anybody to stop him except the GOP congress and that is likely not to happen with their unprecedented power.
alfredo
(60,071 posts)HoneyBadger
(2,297 posts)paleotn
(17,912 posts)arrest would be the least of tweetinfuhrer's problems.
madville
(7,410 posts)are we talking Federal?
kerouac2
(449 posts)Based on the reaction of those who were briefed, it seems like there is at least enough evidence for probable cause.
Is there enough probable cause for one to reasonably believe that a crime (treason, bribery) has been comitted by Trump - or did he aid in the crime or was he an accomplice to a crime. Hacking is a form of terrorism (the cyber!).
He can also be charged with "aiding and abetting a crime" if any of these are true:
Did Trump:
1. Know the perpetrators illegal plan,
2. Intentionally encourage and/or facilitate that plan, and
3. Aid, promote, or instigate in the crimes commission.
There is clear video of him encouraging, instigating and promoting the hacking of DNC and Hillary. If he actually knew about it, then all 3 of these are met.
Also, if you learn about the crime after the fact and conceal it, then you can be charged with accessory after the fact. So if Trump found out that his team was communicating with Russian hackers, and did not report it, then he is an accessory.
onenote
(42,700 posts)I'm not sure where you acquired your legal "expertise" but if you paid a dime for it you overpaid.
As has previously been mentioned, the Secret Service isn't allowing anyone to take into custody a President-elect who is entrusted to their protection.
And what would this Senator do with the arrestee? Take him down to the police station have him booked? For what?
Finally, and most important, the DC Code only permits "citizen's arrest" in very narrow circumstances, namely where a felony or certain other enumerated crimes are being committed (not have been committed) in that person's presence.
Simply put, any attempt to "arrest" Trump would be unlawful.
So stop with the nonsense, okay?