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.
The Best Solution: Trump Wins 2016 and let justice run it's course.
Theremis no way on Gods green earth Hillary steps down before the election.
She may indeed die.
She will never step down.
Word.
My answer ....
If Clinton wins. Obama will pardon her. Upon taking office, Clinton will pardon him.
Once your sword in and president, you cannot be indicted. Only impeached. Suspension of statutes of limitation and the indictment commences after the presidency.
If your indicted before being sworn in, your VP gets your spot as you have to slug it out in the courts.
If she wins, too many overlapping laws would almost prevent her from any prosecution and it just may be .... THIS is exactly what the plan has been all along .... The Constitution is destroyed by actually USING it against a criminal.
AND you can only impeach for offenses committed while in office.
You’re right. Let’s go with the optimal solution: Trump wins, Hillary goes to prison.
Here is an issue that has not been properly addressed: Who will fight for the wimmin and chilrun when Hillary is in the slammer?
> Presidents — and only Presidents — are immune from prosecution while in office
That is a big fat LIE.
The president is not immune from prosecution for criminal acts, particularly criminal acts committed before taking office.
> Presidents — and only Presidents — are immune from prosecution while in office
That is a big fat LIE.
The president is not immune from prosecution for criminal acts, particularly criminal acts committed before taking office.
I hate Hillary about as much as anyone, but I am good with the above. Seriously, losing this election, after spending a lifetime planning for it, is going to hit Hillary hard. And if her health craters as a result, she will disappear from the limelight. I am good with that too.
There is always the Marie Antoinette solution.
So Vince Foster is still on the table, then.
The depth of her criminality cannot simply be excused for ANY reason.
I don’t think that High Treason matters. I think she would be impeached and convicted. Hillary behind bars would seriously wreck the DNC and Kaine’s presidency.
Softy.
She looks great in orange.
Fedgov has been completely debased since the Clintons came on the scene.
There is always chaos and corruption around them. They’ve done enough damage. They need to go away.
Nope, you can be impeached for buttering your bread on the wrong side before the election, swearing in. But the political environment would be difficult to overcome for Hillary.
With all the hate from the PROGS and the #nevertrump people, I would be surprised if they didn’t try.
Impeachment is not a legal proceeding. It’s a vote of no confidence or fitness for office by a specially empowered Grand Jury (the Senate) and Prosecutor (the House) with a judge presiding (CJSCOTUS).
Impeachment is a political process, nobody can start/stop it but the House.
If that were to happen, Obama and the Democrats will blame
“THE RUSSIANS!!!”
and start World War IV - I have very little doubt of it.
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