2016 Postmortem
Related: About this forumWhat if Hillary Clinton is Indicted but Still Wins the Presidential Election in NOvember ?
does that mean her VP becomes president if she has to go to jail ?
can she pardon herself ?
Recursion
(56,582 posts)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
(13,685 posts)Recursion
(56,582 posts)RobertEarl
(13,685 posts)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
(4,186 posts)...and if Hillary gets elected..and the GOP gets an opening..they will go for it.
RobertEarl
(13,685 posts)I would hope we don't go down that path and give them an opportunity to impeach.
Live and Learn
(12,769 posts)This is a bit different.
JI7
(89,283 posts)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
(56,582 posts)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
(17,064 posts)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
(56,582 posts)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
(17,064 posts)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
(2 posts)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
(26,366 posts)Fairgo
(1,571 posts)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
(26,366 posts)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
(89,283 posts)i'm guessing this would be the most likely thing that would happen if we ever reached that very unlikely point.
Recursion
(56,582 posts)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
(26,366 posts)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
(2 posts)Does the electoral college have the power to select the VP elect in case the President elect either dies or is indicted?
chillfactor
(7,587 posts)wishful thinking of Bernie supporters
Punkingal
(9,522 posts)Logical
(22,457 posts)RobertEarl
(13,685 posts)Pure Clinton soap opera. Another version, sigh.
Gwhittey
(1,377 posts)IT is more wishful thing of anti-Clinton supporters as at the point the OP is talking about Sanders would not get it.
Chichiri
(4,667 posts)NowSam
(1,252 posts)I think these are stranger days.
left-of-center2012
(34,195 posts)"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
(2,197 posts)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...
Response to JI7 (Original post)
Name removed Message auto-removed
MrMickeysMom
(20,453 posts)... 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
(4,555 posts)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!!!