# I'll throw you in jail when I become President **URL:** \ **Category:** Politics & Elections\ **Created:** [October 10, 2016, 6:53pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168 "2016-10-10T18:53:45Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [October 11, 2016, 5:37am UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/41 "2016-10-11T05:37:29Z")
Probably a preemptive strike. Now after Hillary is elected, if any prosecutor (Federal, State, or local\*) goes after him for anything, he will immediately scream that “Hillary is behind this attack on me!” and try to fight the prosecution on that basis. \*Actually, even in a private, civil suit brought by any of the women he has preyed upon, he’ll still try to use this excuse. ---
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [October 11, 2016, 12:15pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/42 "2016-10-11T12:15:21Z")
> [@HeweyLogan](#): > > Which is what? And to who? > > Is there a reason you can’t just come out and say? I will say it. Trump vowed to use the powers of the presidency to enact revenge upon a political opponent, because she is his political opponent. This is unconscionable. This is unAmerican. This is evil. Anybody who supports this man has a moral black stain upon their soul and is “American” by nationality only, not in thought, temperment, or belief. Ok? ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [October 11, 2016, 12:33pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/43 "2016-10-11T12:33:24Z")
> [@Bricker](#): > > I am curious to hear what legal or constitutional barriers anyone believes exist for General Case #2. Even if there are none, it’s still the intentional targeting of a political opponent for prosecution. That’s still banana-republic territory. And given his actual words, and the “LOCK HER UP!” chants all the way through the Republican Convention (did Trump’s people ever once try to shut them up, and explain to them about the rule of law?) and those same chants and even worse (“[Hang the bitch!](http://nymag.com/thecut/2016/09/what-its-like-to-be-a-female-reporter-covering-donald-trump.html)”) at Trump’s brownshirt rallies, trying to claim that what Trump and his brownshirts really want is merely a fair investigation of Hillary’s actions by a new prosecutor with an appropriate level of prosecutorial independence from political pressure is just bullshit. They have stated very clearly the **outcome** they seek: Hillary in prison (or worse). ---
**Author:** ![MandaJo](https://avatars.discourse-cdn.com/v4/letter/m/ac91a4/32.png) [@MandaJo](https://boards.straightdope.com/u/MandaJo)\ **Post date:** [October 11, 2016, 12:37pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/44 "2016-10-11T12:37:38Z")
> [@Bricker](#): > > OK, there are two possible interpretations: > > GENERAL CASE #2: > Accordingly, I am directing the new Attorney General and each US Attorney’s office to review\*\* cases in which the FBI has chosen to recommend non-prosecution\*\* even when the elements of a federal crime were found to exist,. This is what he didn’t say, didn’t come close to saying, didn’t imply in any way, shape, or form. If you take this sentence out, do you still feel like what he said was legal/constitutional? To order the justice department to review one specific case, that of your political opponent? Because the fig leaf of “review them all, but start with hers” would have been pretty weak tea even if he’d bothered to apply it, \*\*and he didn’t. \*\* ---
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [October 11, 2016, 12:49pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/45 "2016-10-11T12:49:01Z")
In the end, a portion of it likely comes down to the fact that Trump _doesn’t actually know what the president does_. Throughout this campaign we’ve seen time and time again that he has no attention span, knows very little about a lot of things, and has no interest in learning more. I don’t think his understanding of the office extends much further than what a hypothetical six-year-old might have - “The president is in charge of the whole country and everybody has to do what he says”. If you have a child of that age and you asked them what they’d do if they were president, their answers probably wouldn’t be very different from Trump’s. They’d say they would “arrest all the bad guys” or “make a machine that gives everyone food” or something of that nature. And that’s basically Trump’s platform - he’ll fix everything, somehow, just by decreeing that it be done. ---
**Author:** ![Clothahump](https://avatars.discourse-cdn.com/v4/letter/c/51bf81/32.png) [@Clothahump](https://boards.straightdope.com/u/Clothahump)\ **Post date:** [October 11, 2016, 1:01pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/46 "2016-10-11T13:01:04Z")
> [@Clu-Me-In](#): > > Donald Trump threatened to put Hillary Clinton in jail if he got elected President.:eek: > Is this something that is allowed in our political system?:dubious: Is it not illegal? That’s not the impression that I got. I think that what he was saying is that once he is elected. the investigations will be allowed to happen unhindered. And the result is that Hillary will go to jail, as she should. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [October 11, 2016, 1:07pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/47 "2016-10-11T13:07:22Z")
Trump’s intention is not to arrest Clinton for following standard accepted State Department procedures. His intention is not to arrest Clinton for keeping the number of embassy attacks against the US to 1/13 of what they were under her predecessor. His intention is not even to arrest her for murdering Vince Foster and making it look like a suicide. His intention is to arrest her because she opposed him. That’s what’s beyond the pale. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [October 11, 2016, 1:08pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/48 "2016-10-11T13:08:30Z")
> [@Clothahump](#): > > That’s not the impression that I got. I think that what he was saying is that once he is elected. the investigations will be allowed to happen unhindered. And the result is that Hillary will go to jail, as she should. Right – because we don’t need presumption of innocence any more… we need show trials in which the verdict is a foregone conclusion. We don’t need facts like mishandling classified info is never prosecuted for mere carelessness, but rather only if there is deliberate action for profit, for spying, to help a journalism, etc.; we need “facts” like HILLARY IS GUILTY no matter the evidence. ---
**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\ **Post date:** [October 11, 2016, 1:24pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/49 "2016-10-11T13:24:25Z")
> [@HeweyLogan](#): > > It’s only because of her power and position that she gets a pass and avoids what anyone else would face. > > Only with a Clinton. That’ll be the Clintons who have faced decades of investigations by partisan Republicans (at a cost to the taxpayer of well over $100million) with the result of pretty much full exoneration apart from discovering that Bill lied about getting a blowjob, yes? That’ll be the same Hillary Clinton who faced eight Congressional hearings over a consulate attack which killed four Americans despite the previous administration having 13 similar attacks and dozens of Americans killed with no apparent concern from the Republicans (and let’s not even get into Reagan and the Beirut Marine barracks attack), yes? Remind me again who is getting away with what, exactly. Because the Clintons have had a great deal more scrutiny than most, based on far less justification. You may not like the result, but that doesn’t mean the game was rigged. ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [October 11, 2016, 1:41pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/50 "2016-10-11T13:41:09Z")
Trump of course will not get the chance to follow through on his threat. Winning an election and jailing your opponent isn’t a hallmark of a healthy democracy. I have no doubt that Bricker’s scenario #2 is perfectly legal, and I also have no doubt that single paragraph contained more thought than has been processed through the brain of Donald Trump in his seven decades of life. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [October 11, 2016, 1:41pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/51 "2016-10-11T13:41:18Z")
> [@Clothahump](#): > > That’s not the impression that I got. I think that what he was saying is that once he is elected. the investigations will be allowed to happen unhindered. And the result is that Hillary will go to jail, as she should. As a SuperPatriot, you should be fucking _terrified_ at the thought of an [authoritarian](https://en.wikipedia.org/wiki/Authoritarian_personality) like Trump being in power. Unless you think you’re in The Correct Group Of People. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [October 11, 2016, 1:58pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/52 "2016-10-11T13:58:13Z")
And whether this was an offhand line at the time, Trump’s fully embraced it, [tweeting](https://twitter.com/DavMicRot/status/785473109088432128) a big pic with a “she would be in jail” caption early yesterday, and saying, “Yeah, ‘lock her up’ is right” in his speech at Wilkes-Barre later yesterday. And I repeat: ‘locking her up’ is a potential **outcome** of an unbiased investigation, if its findings warrant prosecution. But Trump has already decided what the outcome should be: his opponent should be imprisoned. This is _America_, dammit, not some gorram banana republic. I’m about the least patriotic person I know, but this is bringing out the patriot in me. ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [October 11, 2016, 2:07pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/53 "2016-10-11T14:07:50Z")
> [@Bricker](#): > > Accordingly, I am directing the new Attorney General and each US Attorney’s office to review cases in which the FBI has chosen to recommend non-prosecution even when the elements of a federal crime were found to exist, with Secretary Clinton’s being first among many due to the intense publicity surrounding your public statement. Even this overly charitable spin has legal problems: 1. If Trump chose this course because Clinton was his political opponent–and I think there’s pretty good evidence for that argument–then she has a First Amendment defense. It is not well-settled, but it just cannot be that you can exercise prosecutorial discretion based on which political opinions you dislike. (You could also pursue it as an equal protection “class of one” argument, but it would probably be stronger as a First Amendment claim.) It would be unconstitutional for the same reason that an order to target Republicans for prosecution would be unconstitutional. 2. Ditto above, but raised as a due process argument. Slightly different legal foundations, but fundamentally the same problem. 3. Directing the AG to carry out a particular prosecution raises issues about the customary lines between the executive and independent prosecutors. This stuff is mostly customary rather than legal, but that’s in large part because it has never had to be tested. There is a colorable argument for it presenting a kind of due process or separation of powers problem–especially since it would be a violation of the AG’s professional ethical obligations as a prosecutor to follow such an order. Naturally, these are just technical legal issues. There is [bipartisan](http://www.politico.com/story/2016/10/trump-clinton-jail-ex-prosecutors-slam-229547) near-consensus that such a move would tear the fabric of important democratic customs. ---
**Author:** ![Evil\_Economist](https://avatars.discourse-cdn.com/v4/letter/e/c89c15/32.png) [@Evil\_Economist](https://boards.straightdope.com/u/Evil_Economist)\ **Post date:** [October 11, 2016, 2:12pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/54 "2016-10-11T14:12:10Z")
> [@Clothahump](#): > > That’s not the impression that I got. I think that what he was saying is that once he is elected. the investigations will be allowed to happen unhindered. And the result is that Hillary will go to jail, as she should. The investigations _were_ unhindered, they just reached to a conclusion that you don’t like. The thing you should be most concerned with is if you don’t speak out when they go after Hillary, will there be anyone left to speak up when they go after you? ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [October 11, 2016, 2:25pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/55 "2016-10-11T14:25:30Z")
> [@Bricker](#): > > OK, there are two possible interpretations: > > GENERAL CASE #1: > > TRUMP: “…and will to the best of my ability, preserve, protect and defend the Constitution of the United States. OK, thanks, John. Eric, you’re the new acting Attorney General. Call that rat fuck Comey and tell him that if Hillary isn’t behind bars in 48 hours, he will be.” > > GENERAL CASE #2: > > TRUMP: "Director Comey, like millions of Americans, I listened to your speech about Secretary Clinton with disbelief. It seemed to boil down to a statement that while some federal laws might have been broken, we have never before prosecuted anyone unless we could show some combination of clearly intentional and willful mishandling of classified information, vast quantities of materials exposed in such a way as to support an inference of intentional misconduct, indications of disloyalty to the United States, or efforts to obstruct justice. Because you found none of those present, you were recommending no prosecution. > > "However, my administration does not share that view. I believe that the law is what Congress says it is, and should not be shaped by prosecutorial dilettantes of the past; the mere fact that we have never before prosecuted clearly illegal conduct does not mean we should never do so. Accordingly, I am directing the new Attorney General and each US Attorney’s office to review cases in which the FBI has chosen to recommend non-prosecution even when the elements of a federal crime were found to exist, with Secretary Clinton’s being first among many due to the intense publicity surrounding your public statement. > > “Do you have any questions?” > > Now, I agree that approaches under General Case #1 are illegal. > > I am curious to hear what legal or constitutional barriers anyone believes exist for General Case #2. > [@Czarcasm](#): > > Considering that this is _Donald Trump_ we are talking about, _I_ am curious as to what chance you give your second scenario of being possible, let alone true. While DJT will never be President, I can entertain the hypothetical long enough to suppose that General Case #2 is a plausible outcome of an order given by Trump to, say, John Yoo, to find a way to put Secretary Clinton behind bars. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [October 11, 2016, 2:32pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/56 "2016-10-11T14:32:26Z")
> [@Czarcasm](#): > > Considering that this is _Donald Trump_ we are talking about, _I_ am curious as to what chance you give your second scenario of being possible, let alone true. Not sure. If we postulate that a set of Alien Brain Parasites could somehow _improve_ cognition… Obviously my second scenario is what serious observers would call “fanciful,” in terms of likelihood. ---
**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\ **Post date:** [October 11, 2016, 2:33pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/57 "2016-10-11T14:33:49Z")
I bet rudy giuliani is salivating at his chance of becoming the special prosecutor. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [October 11, 2016, 2:34pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/58 "2016-10-11T14:34:21Z")
> [@Clothahump](#): > > That’s not the impression that I got. I think that what he was saying is that once he is elected. the investigations will be allowed to happen unhindered. And the result is that Hillary will go to jail, as she should. I’ve seen more accurate impressions gotten from rock-hard Silly Putty. ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [October 11, 2016, 2:34pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/59 "2016-10-11T14:34:42Z")
> [@Clothahump](#): > > That’s not the impression that I got. I think that what he was saying is that once he is elected. the investigations will be allowed to happen unhindered. And the result is that Hillary will go to jail, as she should. You appear to be implying that the investigations that have already happened _were_ hindered. It is to laugh. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [October 11, 2016, 2:40pm UTC](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168/60 "2016-10-11T14:40:21Z")
> [@Bricker](#): > > Not sure. If we postulate that a set of Alien Brain Parasites could somehow _improve_ cognition… > > Obviously my second scenario is what serious observers would call “fanciful,” in terms of likelihood. So, if you were his lawyer you would put forth scenario #2, but if this were a bar bet you would stake your next shot of Talisker 30 yr. old single malt on scenario #1? 😃 [Previous page](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168.md?page=2) [Next page](https://boards.straightdope.com/t/ill-throw-you-in-jail-when-i-become-president/768168.md?page=4)