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To: masadaman

Still, I’m really curious. Does a County Sherriff have the authority to issue or request an arrest warrant for a sitting POTUS? Of course, I realize that no other jurisdiction would extradite a POTUS.

I’m also wondering IF said POTUS coming into a County where he has an outstanding warrant....can he be arrested by the Sheriff. Can the Sheriff take down Secret Service agents to do so? Just how authority does a County Sheriff have while operating in his county? Does his arrest powers trump federal authority to “protect the POTUS”???


68 posted on 09/01/2011 8:12:50 PM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: Sola Veritas
Still, I’m really curious. Does a County Sherriff have the authority to issue or request an arrest warrant for a sitting POTUS? Of course, I realize that no other jurisdiction would extradite a POTUS.

In light of the jurisprudence established in decisions such as U.S. v Nixon and Clinton v Jones and the text of the Constitution, while the president is not above the law and may be subject to civil suits from private citizens, nevertheless anything that is in the nature of a high crime or misdemeanor, such as fraud, may only be prosecuted against the president in the U.S. House of Representatives.

I think an indictment or information against the president issued by a grand jury or district attorney would be quashed on constitutional grounds. Perhaps it would be possible for the prosecutor to obtain an order of court formally referring the indictment to the Office of the Clerk of the U.S. House of Representatives or other proper office for whatever action the House may choose to pursue.

I think an indictment for a crime that is not considered a "high" crime or misdemeanor, such as a parking violation, could in fact be legally issued against the president.

There would be no constitutional restriction on issuing indictments against any other person involved in the fraud, such as aides to the president or state bureaucrats, and the president could be named as an unindicted co-conspirator.

71 posted on 09/01/2011 10:30:19 PM PDT by Meet the New Boss
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