What if Hillary Clinton is Indicted but Still Wins the Presidential Election in NOvember ?

[JI7]

does that mean her VP becomes president if she has to go to jail ?

can she pardon herself ?

[Recursion]

1. A sitting President cannot be criminally tried for a crime, nor be under indictment

In this hypothetical, the indictment would magically disappear but would reappear when she was no longer President. Legally a President must be impeached and removed from office first, and can then face criminal charges.

[RobertEarl]

2. Would they impeach a Clinton?

[Recursion]

3. It worked so well for them last time... (nt)

[RobertEarl]

13. Bill did do some dancing

Meanwhile, OBL made his plans and the SCOTUS laid waste to democracy. Planned fake out? Could be, they sure ended up screwing over the country for their benefit, so, yeah, it worked quite well for them.

[tokenlib]

17. It would be easier with this Congress and Senate....

...and if Hillary gets elected..and the GOP gets an opening..they will go for it.

[RobertEarl]

22. That would be a dreadful future

I would hope we don't go down that path and give them an opportunity to impeach.

[Live and Learn]

28. What Bill did was immoral but not illegal (except for the lying which is quite difficult to prove).

This is a bit different.

[JI7]

4. but what if she is convicted before she actually takes the oath to become president ?

would she be able to take the oath in prison and leave prison ?

the op was kind of meant to be a joke. but now i'm actually interested in these questions.

[Recursion]

6. If they're Federal crimes she could immediately pardon herself. Debs ran for President from prison

but that was on state charges IIRC; I don't know what the legal theory would be there.

For that matter she wouldn't have to pardon herself, she could just commute, suspend, or delay her jail term.

[HooptieWagon]

8. Wouldn't be President until sworn in.

Just a guess, but I imagine a post-election indictment prior to being sworn in would lead to the VP-elect being sworn in instead. Doesn't the House have to certify the EV count?

[Recursion]

11. The Senate verifies it

Fahrenheit 9/11 has that amazing scene where the entire CBC tried one after another to object to the certification of Florida but as they had no Senate sponsor couldn't get the floor.

[HooptieWagon]

21. Joint session actually.

I just looked it up. And there is a provision for the death of a President-elect...the VP-elect is sworn in. IDK about an indictment, but I suspect the joint session would refuse to certify the electoral vote.

[Citizen4.0]

31. Then what?

Thanks for researching. If the joint session refuses to certify the electoral vote, would we have to go through new elections and President Obama stays until it's done?

[PoliticAverse]

10. Whether a sitting President can be indicted or not isn't a settled legal issue. n/t

[Fairgo]

27. I'm sure a sitting criminal

would get all of the respect she deserved and be able to "get stuff done". They could read her her Miranda rights during the swearing in...saving time.

[PoliticAverse]

5. The way to remove an elected President is by Impeachment.

But the actual election doesn't happen until the electoral college meets.

Remember we don't actually elect the President we elect people that elect the President.

[JI7]

7. could they vote to elect the VP candidate as PResident ?

i'm guessing this would be the most likely thing that would happen if we ever reached that very unlikely point.

[Recursion]

9. Even more fun: the EC can refuse to elect a President, which throws it to the House

They can put forward up to three candidates with an equal number of votes, and the House would be able to pick one. But it would be the new House, not the current House, and they would not vote individually but by state delegation. I don't know that anybody has run the numbers on that but I expect somebody at Vox will at some point.

[PoliticAverse]

19. Some electors are free to vote for any eligible person others are limited by state law as to who

they can vote for.

Note that the first woman ever to receive an electoral vote got that vote because an
elector pledged to vote forNixon/Agnew refused to do so.

For more on the electoral college and its rules, see: http://www.archives.gov/federal-register/electoral-college/about.html

[Citizen4.0]

32. Powers of the electoral college?

Does the electoral college have the power to select the VP elect in case the President elect either dies or is indicted?

[chillfactor]

12. not going to happen...

wishful thinking of Bernie supporters

[Punkingal]

14. Bullshit....none of us want this damn mess.

[Logical]

15. Yes there's no evidence at all the FBI's just bored! Nt

[RobertEarl]

16. Not our fault this is a question

Pure Clinton soap opera. Another version, sigh.

[Gwhittey]

18. You are wrong

IT is more wishful thing of anti-Clinton supporters as at the point the OP is talking about Sanders would not get it.

[Chichiri]

20. There will be no indictment. nt

[NowSam]

23. The nation survived Nixon and

I think these are stranger days.

[left-of-center2012]

24. Eugene Debs ran for President from prison

"1920 — ... while a prisoner at Atlanta, he was nominated to run for president on the Socialist party ticket. Conducting his campaign from inside the prison, he was given nearly a million votes but was defeated by the Republican, Warren G. Harding. On Christmas Day, 1921 President Harding released Debs from prison, commuting his sentence to time served."

http://debsfoundation.org/page/personalhistory

[Chitown Kev]

25. Can the President pardon himself or herself?

That question was researched during Watergate.

IIRC, the answer is technically yes, the President can pardon himself or herself...the presidential pardoning power was designed to be pretty unlimited... but a self-pardon would be pretty moot because if the President actually did that, that would also be grounds for impeachment.

I have nothing to say about Hillary Clinton and other matters...

[MrMickeysMom]

29. Then, instead of the Republicans spending time on the clock to destroy the 1st black prez...

... they spend the time on the clock to destroy the 1st female president.

Nothing is accomplished. The nation is lucky to get ahead on any issues the entire party has yearned for and subsequent generations are pushed harder for a 3rd party.

Totally possible.

[Karma13612]

30. This scenario belongs in other countries run by dictatorships. I cannot

Believe we even have to worry about stuff like this in my country.

Indictment and democratic nominee used in the same sentence.

Gawd

Hillary, clean up your act, and leave the presidency to someone who has actually walked the walk for the American (99%)people.

No more Third Way Clinton Crap!!!