WHAT WOULD HAPPEN IF CLINTON WAS INDICTED AFTER WINNING THE PRESIDENCY?
Submitted by christian on Tue, 11/01/2016 - 13:00
- Could Clinton pardon herself if she becomes President? She most certainly can. The power of pardon is without limitation. A President can pardon any person, including the President. If Clinton were to issue her own pardon, she would be poisoning herself politically. It is the equivalent of admitting guilt, but evading the consequences. The public outrage would be deafening.
- What would happen if Clinton is indicted after being sworn in as President? Presidents have broad constitutional immunity against prosecution of ordinary crimes. But it is unclear whether that same immunity applies to acts committed before taking office. The Founders wanted a President to be free of prosecutorial threats over actions taken in the course and scope of Commander in Chief’s duties. They did not contemplate potential criminal acts of a candidate prior to an election inauguration.
- Could Clinton step aside temporarily to face prosecution upon indictment? She could do so by invoking the 25th Amendment if she decides she is “unable to discharge the powers of the presidency” due to public anger surrounding an indictment. Clinton could notify Congress in writing that she is temporarily stepping aside and submit herself voluntarily for trial. If she is acquitted she could notify Congress that she is able to discharge her duties as President and reassume the position. This however, is the most unlikely of scenarios.
- Could Clinton be prosecuted after she leaves office? Probably, but expect a legal challenge. If Clinton is indicted after being sworn in and thereafter invokes constitutional immunity, she could be prosecuted after leaving office only if the statutes of limitations have not expired. Thus, it depends on how long she serves and the nature of the charges. Some statutes could lapse during her presidency, especially if it runs more than one term. However, prosecutors might argue the statutes are “tolled” or suspended, due to “legal impossibility”, thus allowing prosecution of Clinton.
- Could Clinton be impeached over this? Historically, no. Presidents can only be impeached for actions committed during their presidency. Alleged crimes committed before a President takes office were never considered impeachable offenses. At least that was the conclusion of Congress dating back to the latter half of the 19th century. But an examination of Article II, section 4 of the Constitution reveals no defining limitation. Other than precedent, there is nothing to prevent a new and different Congress from taking a completely different view. As Gerald Ford famously said, “An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history”. So the question is an interesting one and the answer is debatable. There is one obvious caveat: If Clinton were to do something as President which constitutes new alleged crimes, such as obstructing an investigation or lying about what she did, the she could be impeached.
- Will Congressional investigations of Clinton continue after she takes office assuming she wins election? If Republicans retain control of the House of Representatives, various Chairmen are vowing to pursue multiple investigations of Clinton. They include potential perjury, obstruction of justice, bribery, fraud, “pay-to-play” corruption and illegal use of a non-profit (her Foundation). Clinton could end up mired in scandal from the outset of her presidency in the same way that Nixon was disabled by Watergate. He squandered the trust and good will of the American people, and lost the ability to work with Congress to pass any meaningful legislation for the benefit of the American people. Clinton could suffer a similar fate.
- What happens if Clinton wins the election and is then indicted on criminal charges prior to January 2017? What happens if the FBI again fails to recommend criminal charges but the House of Representatives finds her in contempt of Congress and asks the Department of Justice to prosecute her for perjury? What happens if the Congress holds up all presidential appointments and all Democrat legislation until a nonpartisan Special Prosecutor is appointed?
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