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Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 8:55 am
by highdesert
In an exclusive interview with NPR, House Speaker Nancy Pelosi says she has not changed her mind on pursuing impeachment but is ready to change the law to restrain presidential power and make it clear that a sitting president can, in fact, be indicted.
"I do think that we will have to pass some laws that will have clarity for future presidents. [A] president should be indicted, if he's committed a wrongdoing — any president. There is nothing anyplace that says the president should not be indicted," Pelosi told All Things Considered host Ari Shapiro and NPR congressional correspondent Susan Davis on Friday. "That's something cooked up by the president's lawyers. That's what that is. But so that people will feel 'OK, well, if he — if he does something wrong, [he] should be able to be indicted.' "
The California Democrat said that while it is Justice Department protocol not to pursue any charges against an incumbent — the reason former special counsel Robert Mueller said he couldn't charge President Trump with a crime no matter the outcome of his report — that should be changed. "The Founders could never suspect that a president would be so abusive of the Constitution of the United States, that the separation of powers would be irrelevant to him and that he would continue, any president would continue, to withhold facts from the Congress, which are part of the constitutional right of inquiry," Pelosi said.
The constitutional recourse for a lawbreaking president per the Constitution is impeachment. Article II, Section 4 instructs that the president "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." But despite the growing chants among Democrats for an impeachment inquiry in the House, Pelosi has remained reluctant about recourse. She fears it could alienate swing voters ahead of next year's elections and imperil moderate Democrats who were critical to her party's taking back the House last November. Pelosi did not shift her position on impeachment and said Congress would continue to follow "the facts and the law." The speaker also said Congress should also clarify the limits of when a president can invoke a national emergency.
"The president should not be able to interpret the National Security Act as something that gives him free rein to do anything he wants by his personal declaration that something is an emergency," she said. Pressure could be ramped up on Pelosi and Democrats to act further amid reports that Trump had an improper conversation with a foreign leader, which a whistleblower within the intelligence community then reported. The conversation is reported to have been urging Ukraine to look into former Vice President Joe Biden — the current Democratic presidential front-runner who could be Trump's 2020 foe — and his son Hunter Biden. Trump has said the conversation was "totally appropriate."
Pelosi called the whistleblower's complaint "very alarming" and said "this is in a different class in terms of [Trump's] behavior." "This case has a national security piece to it that is very alarming. It is very alarming because the inspector general is appointed by President Trump." She said the law is clear that the information must be submitted to the intelligence committees in Congress. "Right now they are breaking the law" by not providing that information, she said. In a statement released after the NPR interview, Pelosi went even further, saying the reports raise "grave, urgent concerns for our national security" and that the president and his administration must conduct "our national security and foreign policy in the best interest of the American people, not the President's personal interest."
"If the President has done what has been alleged," she said, "then he is stepping into a dangerous minefield with serious repercussions for his Administration and our democracy."
https://www.npr.org/2019/09/20/76259488 ... e-indicted
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 11:16 am
by TrueTexan
I disagree with the idea a president can be indicted for the following reasons. The convention that approved the constitution gave a clear instrument to remove a president for criminal acts. the Impeachment Clause. Using this tool allows removal but prevents other judicial bodies from charging the president with crimes. Think about what would have happened had other judicial authorities been able to charge and indict the president when Clinton or Obama were in office. Every Jerkwad Reptilian DA.A. would have been gunning to make a name by indicting them. If nothing else it would have cause the president to not be able to do the job because it would have taken up all the time trying to defend against the indictments.
Now as for the National Emergency Act yes it should have a limit and the patriot act should be revoked. The president should be limited to sending any military force oust the US terroties to only with the consent of congress. This especially should apply wen the forces will be going into an area where they might be at risk of engaging in combat. IF the Congress is not in session then the president would need to consult with and approval of the Speaker of the House and the Senate Majority Leader and still get approval by congress when back in session.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 11:33 am
by K9s
No matter what they do, GOP will exploit it. Few rules? GOP exploits it. Make a whistleblower law? GOP ignores it. Constitutional protections (e.g. emoluments)? GOP laughs.
GOP doesn't govern or follow the law. They used to pretend it was about "big government" and "states rights" but now we know it is about lawlessness, greed, and power. The only solution is to never let the GOP control all branches of government. Ever.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 11:34 am
by highdesert
That's my opinion too TT. Whatever Democrats push into law can be used against them. One of the reasons Republicans never really pushed to get rid of the filibuster in the Senate (even though Trump wants it), they'd have no power in a Democratic controlled House and Senate.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 11:35 am
by YankeeTarheel
Two Presidents (Pierce & Grant) were actually ARRESTED and charged while in office. Neither, to the best of my knowledge, challenged the right of Law Enforcement to do so. So I suggest that the basic premise is untenable, by precedent. In other words, we already KNOW Presidents can face charges while in office.
Next, the Impeachment clause does not specify if, when, or how, an official impeached can be indicted, arrested, or tried. It merely says a) that the Impeachment powers extend only to removal and barring from future office and b) specifically does NOT relieve the Impeached person from other criminal charges.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 12:34 pm
by TrueTexan
We also know that Clinton was sued and lost while in office. There is nothing stopping civil suits against the president. Criminal Indictments would have to come from his own DOJ, like that would ever happen. The state or local D.A. to bring indictments is a big if and can we imagine Sheriff Joe trying to arrest Obama. The days of Pierce and Grant being arrest goes back to a simpler time. I don’t see that happening today, although seeing the current occupant of the WH being frog marched out in cuffs is a joy to imagine.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 12:50 pm
by featureless
highdesert wrote: Sat Sep 21, 2019 11:34 am
That's my opinion too TT.
Mine as well.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 1:01 pm
by senorgrand
I think it would be a stupid law and very unlikely to be signed by any president. Maybe look at reforming the presidency to make it more accountable to the other branches? Every modern president since Teddy Roosevelt has successfully increased the power of the presidency...it's simply too much.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 1:01 pm
by YankeeTarheel
TrueTexan wrote: Sat Sep 21, 2019 12:34 pm
We also know that Clinton was sued and lost while in office. There is nothing stopping civil suits against the president. Criminal Indictments would have to come from his own DOJ, like that would ever happen. The state or local D.A. to bring indictments is a big if and can we imagine Sheriff Joe trying to arrest Obama. The days of Pierce and Grant being arrest goes back to a simpler time. I don’t see that happening today, although seeing the current occupant of the WH being frog marched out in cuffs is a joy to imagine.
It may go back to a simpler time, but what does simpler mean? It means lawyers didn't find a way to stick 10,000 more commas, colons, semi-colons, and bizarre extreme "interpretations". It means the Law, like the 1924 IRS Law, doesn't get to be "The Law" anymore and "The Law" means whatever the fuck the people in power say it means, violating a fundamental principle going back to Hammurabi, and, later, the Torah---where the law applies equally.
Precedent doesn't die. It has to be killed, and, it can only be killed by being challenged, which leaves it up to the Courts. The precedent that Presidents can be charged is much older than the OLC's guidance. The law from 1924 has ZERO wiggle room, and the claim of "legitimate investigative purpose" is just inventive bullshit that Trump's lawyers pulled out of their butts to throw against the wall and see if it sticks.
But nothing works if nobody has the spine and the stones to stick with the law.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 2:01 pm
by Wino
No way, Jose. But I do look forward to the day that republicans have to eat shit under a democratic prez. I'll vote 2020 for any democrat and I hope they are vindictive and mean and pursue every avenue available to jail the entire scumbag Trump clan.
I would support finding ways to prevent and stop stonewalling when wrong doing is suspected - and I don't give a flying fig whether it applies to left or right - I don't want another idiot crook as prez. 3-4 in my life time has been sufficient.

Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 2:16 pm
by senorgrand
after Bush II and Trump, I feel we would do better if the presidency was part of national service.
You'd have to pass a highschool exit exam and a background check. Then your name would be added to the roster and we'd pick a president at random from those eligible.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 4:57 pm
by Eris
Pelosi is barking up the wrong tree here. There is no law preventing someone from charging a sitting President with a crime. There is only an opinion by DOJ lawyers that a President can't be charged while in office, and this is based on an interpretation of the Constitution that is far from universally held and has never been tested in court. The only way to decide the matter is for someone to actually charge the President and then he can appeal to the Supreme Court and ask them to decide the matter.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 5:30 pm
by YankeeTarheel
But any federal prosecutor who does that will be immediately fired.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 5:44 pm
by Eris
YankeeTarheel wrote: Sat Sep 21, 2019 5:30 pm
But any federal prosecutor who does that will be immediately fired.
It doesn't have to be a
federal prosecutor.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sat Sep 21, 2019 5:54 pm
by YankeeTarheel
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sun Sep 22, 2019 9:45 am
by highdesert
senorgrand wrote: Sat Sep 21, 2019 1:01 pm
I think it would be a stupid law and very unlikely to be signed by any president. Maybe look at reforming the presidency to make it more accountable to the other branches? Every modern president since Teddy Roosevelt has successfully increased the power of the presidency...it's simply too much.
Yup, there's been little check on their power and presidents take more and congress does nothing. Occasionally SCOTUS will step in like the Nixon's tape case but they too step back and give deference when the words "national security" are thrown out. Neither party wants to clip the wings of their presidents it's, the other party's presidents that are grabbing power.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sun Sep 22, 2019 11:52 am
by VodoundaVinci
I'd be concerned that forever after such laws nothing would ever get done again. Every sitting President would immediately be tied up in lawsuits to give our Government the excuse to do nothing because the President is being investigated and in trial.
The opposition party can always find an excuse to prosecute. I kinda feel like our Way of governing ourselves has reached it's finale. Time to change the oil, so to speak. The current System has worked pretty well for a couple hundred years but it's worn out and exploited now. Capitalism is like a Monopoly game that is in it's final rounds (as predicted) and our Government is now exploited by those who won the Monopoly game. New game time. Let's roll for who goes first!
VooDoo
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sun Sep 22, 2019 11:59 am
by CDFingers
The House should impeach this guy and televise every single hearing before and during the 2020 election. They need to get unified and on every talk show in every quote in front of every crowd at every event, every Democratic candidate for every office down to City Council should mention what is happening that day in the House and connect that to everything that has been done, showing how this guy not only is unfit for the office and dangerous, but that he is a criminal and a con man.
Now, I must go out back and feed my saber toothed unicorn.
CDFingers
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sun Sep 22, 2019 12:28 pm
by senorgrand
The Democrat's obsession with Trump will be their downfall. Other than Bernie and Warren, I don't know any of the positions of the democrat presidential candidates, except "Trump and Gunz R Bad."
I was heartened when congress passed arbitration reform, but the story was burried under a bunch of Trump BS.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sun Sep 22, 2019 12:49 pm
by K9s
senorgrand wrote: Sun Sep 22, 2019 12:28 pm
The Democrat's obsession with Trump will be their downfall. Other than Bernie and Warren, I don't know any of the positions of the democrat presidential candidates, except "Trump and Gunz R Bad."
Double-edged sword. If they ignore Trump while he attacks (which I would prefer), his propaganda somehow beings to "seem" true to the media because they just repeat it to viewers/voters. In 2015-2016 the media played all his propaganda for free and assumed Americans would be horrified (many weren't).
My guess is that 40% will vote for Trump no matter what, 45% will vote against Trump no matter what, and the rest feel voting is pointless and have to be motivated to vote for something.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sun Sep 22, 2019 12:56 pm
by senorgrand
K9s wrote: Sun Sep 22, 2019 12:49 pm
senorgrand wrote: Sun Sep 22, 2019 12:28 pm
The Democrat's obsession with Trump will be their downfall. Other than Bernie and Warren, I don't know any of the positions of the democrat presidential candidates, except "Trump and Gunz R Bad."
Double-edged sword. If they ignore Trump while he attacks (which I would prefer), his propaganda somehow beings to "seem" true to the media because they just repeat it to viewers/voters. In 2015-2016 the media played all his propaganda for free and assumed Americans would be horrified (many weren't).
My guess is that 40% will vote for Trump no matter what, 45% will vote against Trump no matter what, and the rest feel voting is pointless and have to be motivated to vote for something.
My guess is that 40% will vote for Trump, 40% will vote for the dem and 20% will stay home, with the electoral college giving Trump the win.
As a dem, you can't win unless you convince people there is a reason to get up off the couch and vote for you. Look at Obama and Clinton first wins...I can still tell you three of Clinton's campaign promises. I'm not sure what ANY of the dem candidates top three campaign promises are, except guns r bad. We are heading towards 2004 I'm afraid.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sun Sep 22, 2019 1:13 pm
by K9s
senorgrand wrote: Sun Sep 22, 2019 12:56 pm
K9s wrote: Sun Sep 22, 2019 12:49 pm
senorgrand wrote: Sun Sep 22, 2019 12:28 pm
The Democrat's obsession with Trump will be their downfall. Other than Bernie and Warren, I don't know any of the positions of the democrat presidential candidates, except "Trump and Gunz R Bad."
Double-edged sword. If they ignore Trump while he attacks (which I would prefer), his propaganda somehow beings to "seem" true to the media because they just repeat it to viewers/voters. In 2015-2016 the media played all his propaganda for free and assumed Americans would be horrified (many weren't).
My guess is that 40% will vote for Trump no matter what, 45% will vote against Trump no matter what, and the rest feel voting is pointless and have to be motivated to vote for something.
My guess is that 40% will vote for Trump, 40% will vote for the dem and 20% will stay home, with the electoral college giving Trump the win.
As a dem, you can't win unless you convince people there is a reason to get up off the couch and vote for you. Look at Obama and Clinton first wins...I can still tell you three of Clinton's campaign promises. I'm not sure what ANY of the dem candidates top three campaign promises are, except guns r bad. We are heading towards 2004 I'm afraid.
I really think it depends on your state, district, and personal situation. Marginalized communities have a good reason to vote right now no matter what. A majority of white men and women are Trump voters, so they will vote to get the next SCOTUS judges and to protect themselves from... caravans or socialists or something... or to flip their blue district.
I think the idea that "Trump n gunz r bad" is the only Dem message seems to be a California thing? Maybe you aren't around a lot of Red Hats so you don't hear actual people say actually frightening things. I hear the GOP side here, mostly, and it is all essentially a call to oppression, fear, hatred, authoritarianism, and oligarchy. The choice is pretty clear and it is frightening.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sun Sep 22, 2019 1:39 pm
by VodoundaVinci
I'd love top see the asshole impeached and behind bars but given the Senate is run by Republicans (who could give a shit) impeachment is DOA - waste of time. I'd rather see them concentrate on booting him and his out of office and then prosecuting/jailing him and all his minions.Not gonna happen either but at least that's possible. Impeachment is a Dead Horse.
VooDoo
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sun Sep 22, 2019 2:43 pm
by senorgrand
K9s wrote: Sun Sep 22, 2019 1:13 pm
senorgrand wrote: Sun Sep 22, 2019 12:56 pm
K9s wrote: Sun Sep 22, 2019 12:49 pm
senorgrand wrote: Sun Sep 22, 2019 12:28 pm
The Democrat's obsession with Trump will be their downfall. Other than Bernie and Warren, I don't know any of the positions of the democrat presidential candidates, except "Trump and Gunz R Bad."
Double-edged sword. If they ignore Trump while he attacks (which I would prefer), his propaganda somehow beings to "seem" true to the media because they just repeat it to viewers/voters. In 2015-2016 the media played all his propaganda for free and assumed Americans would be horrified (many weren't).
My guess is that 40% will vote for Trump no matter what, 45% will vote against Trump no matter what, and the rest feel voting is pointless and have to be motivated to vote for something.
My guess is that 40% will vote for Trump, 40% will vote for the dem and 20% will stay home, with the electoral college giving Trump the win.
As a dem, you can't win unless you convince people there is a reason to get up off the couch and vote for you. Look at Obama and Clinton first wins...I can still tell you three of Clinton's campaign promises. I'm not sure what ANY of the dem candidates top three campaign promises are, except guns r bad. We are heading towards 2004 I'm afraid.
I really think it depends on your state, district, and personal situation. Marginalized communities have a good reason to vote right now no matter what. A majority of white men and women are Trump voters, so they will vote to get the next SCOTUS judges and to protect themselves from... caravans or socialists or something... or to flip their blue district.
I think the idea that "Trump n gunz r bad" is the only Dem message seems to be a California thing? Maybe you aren't around a lot of Red Hats so you don't hear actual people say actually frightening things. I hear the GOP side here, mostly, and it is all essentially a call to oppression, fear, hatred, authoritarianism, and oligarchy. The choice is pretty clear and it is frightening.
My experience is that's not how democrats vote.
Re: Pelosi - "Congress Should Pass New Laws So Sitting Presidents Can Be Indicted"
Posted: Sun Sep 22, 2019 2:49 pm
by YankeeTarheel
Focusing on Clinton, impeaching him, and getting nothing done worked SO badly that in 2000 they got what they got in 2016--unified government and about all they could do with it then was turn the budget surplus into a deficit, just ahead of 9/11. In 2017, the same. They took a greatly reduced deficit and blew it up...and have legislated nothing since.
And their campaign was the same both times: Dems are evil, corrupt, gonna take your gunz and property, and we're gonna undo it.
And that's all they've got. Undo, not do.