What if the President commits a Felony ?

[The Nature Boy 4,224]

Say a president commits a Felony..( This is not about Obama)

Say a president commits a felony, call him President Smith.. Say the SS observes him snort lot of PCP, then he beats a hooker half to death.

Are the obliged to arrest him or call the Police.

Can the police arrest the president.?

[I AM NOT THAT GUY 5,715]

This is actually covered. The President is immune to prosecution or arrest while he is in office, just as Representatives and Senators cannot be detained or arrested while they are on their way to attend a session of Congress. However, Congress can impeach him, and then he is subject to arrest and prosecution just like any citizen with one exception - the statute of limitations is suspended while he is in office, and begins anew once he leaves office.

[The Nature Boy 4,224]

This is actually covered. The President is immune to prosecution or arrest while he is in office, just as Representatives and Senators cannot be detained or arrested while they are on their way to attend a session of Congress. However, Congress can impeach him, and then he is subject to arrest and prosecution just like any citizen with one exception - the statute of limitations is suspended while he is in office, and begins anew once he leaves office.

Thank you..don't know what made me think of that.

So he stabs a member of congress to death on the house floor and he is Scott free until impeached.?

I would give you a +1 for answering but I gave all my ones to Uncle spooky

[I AM NOT THAT GUY 5,715]

Thank you..don't know what made me think of that.

So he stabs a member of congress to death on the house floor and he is Scott free until impeached.?

I would give you a +1 for answering but I gave all my ones to Uncle spooky

Or until he leaves office with the swearing in of a new President. Of course, the Vice-President could declare him incapacitated and the Vice-President would take over while the President is being evaluated by medical personnel.

Twenty-fifth Amendment:

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.[3]

Edited September 5, 2013 by The Patriot

[Darnell 8,478]

impeachment would not necessarily imply other action or even removal from office.

Example - Mr. William Jefferson Clinton (pbuh). Sure, he not commit a felony - but....

[Mr. Big Dog 10,747]

impeachment would not necessarily imply other action or even removal from office.

Example - Mr. William Jefferson Clinton (pbuh). Sure, he not commit a felony - but....

Slick Willie was impeached (i.e. indicted by the House) for perjury - which happens to be a felony - and obstruction of justice - also a felony. So he was impeached not for allegedly committing a felony but for allegedly committing two felonies. Since the act of impeachment is nothing but an indictment, it does not imply any action other than a trial in the Senate. The removal of impeached officials is automatic upon conviction in the Senate. Bill was not removed from office because the Senate did not find him guilty on the article of impeachment.

[I AM NOT THAT GUY 5,715]

Yes. Both correct. Most people don't understand that distinction, however. House can impeach with a simple majority. Senate requires two-thirds then to remove him from office.