Posted on 11/03/2016 12:14:45 AM PDT by Beautiful_Gracious_Skies
The 2016 Presidential election is rapidly approaching, and the FBI just announced that they are reopening their investigation into Hillary Clinton‘s private email system. With the Democratic candidate once again the subject of a criminal investigation, it raises many questions as to what happens if she is indicted or relinquishes her candidacy before the election, or even after. The law is hazy in some of these situations, so let’s tackle them one by one.
1. If Clinton is indicted before the election
The FBI merely said that they are reopening their investigation to examine new emails that came to light. They have yet to even determine whether the emails are actually evidence of criminal activity, let alone decide whether or not to prosecute. Therefore, it’s highly unlikely that an indictment would come before November 8. If it did, the indictment itself wouldn’t mean that Clinton could no longer run, as an indictment is only an accusation, not a conviction.
.... Clinton could theoretically hope that voters hate Trump enough that they still vote for her (and hope that she isn’t convicted before taking office).Of course, even if she wins on November 8, the nature of our electoral system makes it so that the members of the Electoral College could theoretically go rogue and not vote for Clinton, even if their states tell them to. George Washington University law professor John Banzhaf wrote recently that only 30 states have laws on the books prohibiting this from happening, and that those laws have never been enforced and might be unconstitutional.
More likely, however, is that she would be pressured — by herself, the public, or the Democratic party — to give up her candidacy.
2. If Clinton steps down before the election
Should Clinton relinquish her candidacy before the election, the Democratic National Committee has rules in place for what happens next. Article 2, Section 7 of the DNC Bylaws says that if there is a vacancy on the national ticket, a special meeting of the Committee “shall be held on the call of the Chairperson,” where they would choose a new candidate. Such meetings make decisions based on a majority of those in attendance. Since we are exactly so close to election, there is one major problem: The ballot deadlines have passed in nearly every state. For example, in West Virginia, the law says a candidate must withdraw “no later than eighty-four days before the general election.” So the Democratic leadership would likely have to wage a public campaign to tell voters that if you vote for Clinton/Kaine, you are really voting for Biden (or whoever it maybe)/Kaine. Then the electors would have to change their vote for the new ticket when they meet on December 19th, 2016.
3. If Clinton wins the election and is indicted before the inauguration
Here’s where it starts getting tricky.
As mentioned earlier, an indictment is far different from a conviction. An indictment does not disqualify a person from being eligible for the presidency (neither does a conviction, technically, but being in jail would probably get in the way). Should Clinton be indicted after winning the election but before officially taking office, she could try to play beat-the-clock and hope to take office before her case concludes. Once a person is in office as President, it gets even more complicated, as we’ll see later. Should Clinton be indicted and convicted prior to her inauguration, and end up in jail, she may be deemed incapacitated, in which case Section 3 of the 20th Amendment kicks in and the Vice President-Elect, in this case Tim Kaine, would become President. (though that seems unlikely as the wheels of justice do not turn that fast)
4. If Clinton wins the election and steps down before the inauguration
If Clinton becomes President-Elect and decides to step down before her inauguration, either due to being indicted or out of fear that an indictment may be imminent, it would be similar to the situation just described, and Kaine would become President. However in a situation where a candidate steps down after the general election, but before the Electoral College chooses the winner, federal law says the electors would be able to vote for whomever they want, although states may pass their own laws controlling this situation.
5. If the investigation continues after the election and Clinton wins and is inaugurated before a decision is made. Could Clinton be indicted when she becomes President?
The law is unsettled when it comes to this situation, but most opinions tend to believe Clinton would luck out, due to the philosophy that Presidents — and only Presidents — are immune from prosecution while in office..............[snip]
......Long story short, the Department of Justice can very well affect who our next President is. If they move swiftly to indict, or if Clinton believes she’s in trouble, she could drop out before November 8. Alternatively, if an indictment comes soon after Clinton wins the election, she could still feel pressure to step down before she takes office. It all depends on what the FBI finds in these emails, what they decide to do about it, and when. But the clock’s ticking.
Is there any chance of conviction if the Democrats have even one third of the Senate?
Well yeah, her being out of office would be a good thing.
No.
If, indeed, it can be demonstrated that she actually did what it appears she did, she needs to dance the Tyburn Jig.
Pour encourager les autres.
Yes, I am sure they have this part all figured out. I hope she loses and loses so badly she is forced to accept the loss ...I am afraid she will lose with too small a number and end up contesting the election and dragging that out for months while, who? Obama, continues “running” the country?
That thought is enough to gag a maggot. Sigh.
I’d throw in explosive anklets that wold go off during tampering or getting x distance away from the source.
The DNC is corrupt, from Obama and his Admin, to the Hillary campaign and the DNC, and the foundation(s) Clinton's and the Obama's are both going to be in play!
If we had an honourable society similar to Japanese customs then Hillary should “fall upon her sword” or such.
But i just cannot remotely even if i was drunk off my ass imagine Hillary belly cutting herself. And then having her head lopped off as well was the custom of old Japan when a person failed and brought disgrace upon themselves.
American cannot have Hillary as a martyr either. She is guilty as all getouts, its going to be a rollercoaster ride through a tornado AND an earthquake the next week.
like this
Wikileaks Exposes Convicted Child Abductor Connection To The Clintons
http://www.commonsenseevaluation.com/2016/11/03/wikileaks-exposes-convicted-child-abductor-connection-clintons
Who is Laura Silsby? - CBS News
http://www.cbsnews.com/news/who-is-laura-silsby/
after reading this thread the thought occurred to me that this was her plan all along to be able to truly become ABOVE THE LAW and that she can get away with more crime than the mafia once she is in office.
I’m sure old Bill will volunteer to take care of the women. And Weiner will take care of the children.
Agree.
Prison time.
Only if it is general population prison. Not some cushy country club type crap that politicians usually get.
I’m not well versed on the pardon process but is it possible for Congress to overturn/revoke a pardon?
I don’t know why everyone is so upset about this.
Its for the children don’t you know?
She was going to make sure the children would be relocated to a paradise island. They would be given the best health care to put a little meat on the bones. They would have been instructed in many fine “arts”. They would have “associated” with some of the most important people in the world. /S
Or the Ceausescu Protocol.
YES but she could be impeached for conduct as sec of state..if convicted ineligible for govt office
Was there any discussion I didn’t see on what would/could happen if Obama pardoned her?
I think this all overlooks the fact that the folks currently in power do not want a Trump presidency...including the Republicans! All this coming into play right here at election day does not do my heart good, but concerns me.
Too many powerful people ensconced in Washington believing they know better than all of us little people...no telling what they’d do to hold hold on to that power.
She might be found dead with a pillow over her head, but she will not drop out.
There’s the reality check, Lynch or a HRC AG appointment would not allow an indictment. It would have to be w/out their consent.
AND you can only impeach for offenses committed while in office.
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WRONG! WRONG! WRONG!
The president or any other Federal office holder can be impeached for crimes committed at any time.
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