Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Meet the New Boss
Even if the evidence is established in a court proceeding that the birth certificate was forged, the House would have to vote to impeach and the Senate would have to vote to convict him.

Stipulating.... Even so, there is no immunity from prosecution for fraud and forgery. These acts where not performed in pursuance of official duties - there is no immunity.

Even it the politicians don't see this as "high crime" or "mis demeanor" and fail to impeach, it won't matter. It will be impossible for him to perform the duties of office while he is in a prison cell.

96 posted on 07/20/2012 1:01:32 PM PDT by Ray76
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Ray76
Even so, there is no immunity from prosecution for fraud and forgery. These acts where not performed in pursuance of official duties - there is no immunity.

Even it the politicians don't see this as "high crime" or "mis demeanor" and fail to impeach, it won't matter. It will be impossible for him to perform the duties of office while he is in a prison cell.

You are referring to the qualified immunity from prosecution that exists generally for government officials with respect to acts performed in pursuance of their official duties. This of course applies not just to the president but to other officials.

There is another, much broader principle beyond that immunity doctrine to which you refer that applies only to the president himself and which derives from his unique position under the Constitution.

That principle is that because the president is himself the person charged with enforcing the laws, he must be removed from office before the laws may be enforced against him.

If Obama were to murder Axelrod in the White House by stabbing him in the head with an ice pick (let's say Obama decided that Axelrod, like Trotsky, had become apostate to true Marxism and deserved to die), in my understanding of the courts' interpretation of the Constitution he would have to be impeached and removed from office by the House and Senate before he could be indicted by a US Attorney for committing murder on federal property.

106 posted on 07/20/2012 4:29:18 PM PDT by Meet the New Boss
[ Post Reply | Private Reply | To 96 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson