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Are there any laws to keep the first lady from being indicted?

I am so glad to see you again in this thread. You and I have been doing walpingate since it was on page A89.

> Are there any laws to keep the first lady from being indicted?

None that comes to mind.

Hillary Clinton was forced to testify before a grand jury concerning her investments in Whitewater in January 1996. This was the first time in American history that a First Lady had been subpoenaed to testify before a grand jury.

Although Whitewater happened BEFORE Mr. Clinton assumed the presidency, his Justice Department could have argued that such testimony as First Lady could conceivably damage the OFFICE of the President. But Gingrich and the Republican majority would surely have fought such a move — a TRUE balance of power as the Founders intended.

Mr. Obama should NOT be able to invoke Executive Privilege as Mrs. Obama is not (and was not) an actual employee of the Executive Branch — any assumptive capacity Mr. Obama may have "assigned" her should NOT count, especially if Congress is willing. I would think that based upon the current public mood toward Congress, they'd punt any controversy to the Courts.

Even if the “order” came directly from the POTUS, I'm not sure that would even insulate her, per se. No precedence that I'm aware of exists, although I'm sure the Justice Department would still try to set one. A Republican majority in Congress would surely pounce on that one in January 2011 when they swear in. In the meantime, such a move would likely be indefensible from the current Congress as the 2010 Elections loom.

Mrs. Obama could not be compelled to testify against her husband. However, since the charges seem to be directed to her, that point is moot — UNLESS Mr. Obama DID give her the "order," which would have a different set of consequences in the Court of Public Opinion.