Can a Vice President by Indicted?

[kerrygoddess]

Can a Vice President by Indicted?
October 18th, 2005

With all the implications of Cheney being involved in PlameGate, an interesting question arises: Can a Vice President by Indicted?

The WaPo’s Dan Froomkin calls the question “ridiculous“, but says, “Yes. Technically and legally, a sitting vice president can be indicted. In fact, there’s a precedent.”

Not long after he killed Alexander Hamilton in their famous 1804 duel, Vice President Aaron Burr was indicted for murder in both New York and New Jersey. No constitutional crisis ensued.

And as this 2000 Department of Justice memo lays out, the department researched the issue thoroughly in 1973.


MORE - http://blog.thedemocraticdaily.com/?p=878

[carnie_sf]

1. My understanding is

that a president can be either impeached or indicted, but not both.

[electropop]

9. The President can be both impeached and indicted.

In fact, if the indictment is in regard to the same crime(s) as the impeachment, the impeachment in itself makes pardon impossible.

The same rules apply to all civil offices in the government: Pres, VP, cabinet, and on down the line.

Article I, Section 3, Clause 7:
"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."

Article II, Section 2, Clause 1:
"The President ... shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."

Article II, Section 4:
"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."

http://www.law.emory.edu/erd/docs/usconser.html

[Greeby]

2. Hmm

"Not long after he killed Alexander Hamilton in their famous 1804 duel, Vice President Aaron Burr was indicted for murder in both New York and New Jersey. No constitutional crisis ensued."

I'm guessing Burr is Zell Miller's idol ;)

[Deep13]

3. yes

Anyone can be indicted. It may be that he is immune from prosecution while in office in which case speedy trial time is tolled while the term expires or he is removed by impeachment.

[roguevalley]

4. they are not above the law. spiro agnew went to jail.

[LiberalinNC]

5. I remember that well!!!! I hope Dickie boy follows in his footsteps!

[NorCalDem]

7. and,

if you rearrange the letters in the name "Spiro Agnew" you can make the phrase "Grow a Penis!"

Isn't that wonderful :D

[roguevalley]

8. BWAHAHA! How true!

[MN ChimpH8R]

6. Agnew was indicted when he was VP

for taking bribes as governor of Maryland.

[Deep13]

10. Remember when Clinton was being investigated and all these RW ...

... assholes were screaming that no one is above the law? That was pretty funny.

[sofa king]

11. "No constitutional crisis ensued"?

Are you serious? Aaron Burr caused the very first constitutional crisis by trying to snooker the Presidency out from under Thomas Jefferson.

Then, after shooting Alexander Hamilton, he was in fact indicted but used his juice to prevent those cases from coming to trial. For several weeks he was both a sitting Vice President and a fugitive from the law.

And then he returned to Washington as if nothing had happened.

The guy should have been thrown in jail. Instead, he remained a heartbeat away from the Presidency, and the federal government did nothing about it. That's a damned crisis, even if the crisis was about the fact that a murderer used his position in government to walk free.