# Is there any circumstances that the POTUS can be legally executed within the jurisdiction of the US? **URL:** \ **Category:** Factual Questions\ **Created:** [November 2, 2017, 7:15pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538 "2017-11-02T19:15:10Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![kanicbird](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kanicbird](https://boards.straightdope.com/u/kanicbird)\ **Post date:** [November 2, 2017, 7:15pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/1 "2017-11-02T19:15:10Z")
By civil authority, or military authority? ---
**Author:** ![Weisshund](https://avatars.discourse-cdn.com/v4/letter/w/ba8739/32.png) [@Weisshund](https://boards.straightdope.com/u/Weisshund)\ **Post date:** [November 2, 2017, 7:22pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/2 "2017-11-02T19:22:15Z")
I would guess that since being president does not give them immunity to the law, committing any crime for which the punishment was the death penalty would be a good bet. Possibly even more so since an example would want to be set ---
**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\ **Post date:** [November 2, 2017, 7:27pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/3 "2017-11-02T19:27:48Z")
> [@kanicbird](#): > > By civil authority, or military authority? Before or after he was impeached and removed from office? ---
**Author:** ![kanicbird](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kanicbird](https://boards.straightdope.com/u/kanicbird)\ **Post date:** [November 2, 2017, 7:32pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/4 "2017-11-02T19:32:40Z")
> [@Slash1972](#): > > Before or after he was impeached and removed from office? “As president”, so technically could be after impeachment, but before impeachment sentencing to remove him/her. ---
**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:** [November 2, 2017, 7:36pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/5 "2017-11-02T19:36:27Z")
As far as state law is concerned, the President is no different from any other citizen. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [November 2, 2017, 8:18pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/6 "2017-11-02T20:18:17Z")
I’ve speculated before that if a sitting President were arrested and placed in prison, the 25th Amendment would be invoked. It seems pretty obvious that a President would be unable to carry out the duties of his office from inside a cell. The only reason I call it a speculation is because it’s never happened. ---
**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\ **Post date:** [November 2, 2017, 8:39pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/7 "2017-11-02T20:39:10Z")
Should we discuss the death of a sitting President? Isn’t that treason? And, furthermore, couldn’t he/she pardon themselves? ---
**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\ **Post date:** [November 2, 2017, 8:42pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/8 "2017-11-02T20:42:28Z")
> [@Beckdawrek](#): > > Should we discuss the death of a sitting President? Isn’t that treason? And, furthermore, couldn’t he/she pardon themselves? This is a hypothetical question. No one has mentioned the current President of the U.S. Also, this is not about assassinating the President, but about executing him within the law for any capital crime he might commit. ---
**Author:** ![busterpickle](https://avatars.discourse-cdn.com/v4/letter/b/258eb7/32.png) [@busterpickle](https://boards.straightdope.com/u/busterpickle)\ **Post date:** [November 2, 2017, 8:43pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/9 "2017-11-02T20:43:09Z")
I’d like the OP to take another shot at this question, research the question a bit, and then have a poignant question for discussion. Until then this is almost Cafe Society. ---
**Author:** ![Blakeyrat](https://avatars.discourse-cdn.com/v4/letter/b/ecd19e/32.png) [@Blakeyrat](https://boards.straightdope.com/u/Blakeyrat)\ **Post date:** [November 2, 2017, 8:44pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/10 "2017-11-02T20:44:50Z")
> [@kanicbird](#): > > By civil authority, or military authority? All State legal systems are separate from the Federal one. If a State has the death penalty, and the POTUS is convicted of a capital crime in a fair trial, then AFAIK there’s nothing that would prevent that State, legally, from executing the POTUS. The POTUS can pardon himself (I believe…) but I think not against State convictions, only Federal convictions. (Of course practically-speaking, things would never get that far.) ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [November 2, 2017, 8:48pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/11 "2017-11-02T20:48:44Z")
> [@Beckdawrek](#): > > Should we discuss the death of a sitting President? Isn’t that treason? And, furthermore, couldn’t he/she pardon themselves? A President might (it’s never been tested) be able to pardon him/herself from federal crimes, but not from state crimes. Of course, it’s never been tested whether a sitting President could even be arrested for either state or federal crimes, so this whole conversation is a Twilight Zone story. ---
**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:** [November 2, 2017, 8:52pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/12 "2017-11-02T20:52:41Z")
> [@Blakeyrat](#): > > All State legal systems are separate from the Federal one. If a State has the death penalty, and the POTUS is convicted of a capital crime in a fair trial, then AFAIK there’s nothing that would prevent that State, legally, from executing the POTUS. The POTUS can pardon himself (I believe…) but I think not against State convictions, only Federal convictions. > > (Of course practically-speaking, things would never get that far.) What if he shoots someone on 5th Avenue? ---
**Author:** ![TSBG](https://avatars.discourse-cdn.com/v4/letter/t/77aa72/32.png) [@TSBG](https://boards.straightdope.com/u/TSBG)\ **Post date:** [November 2, 2017, 8:57pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/13 "2017-11-02T20:57:59Z")
I don’t have a cite, but I’m pretty sure the President can’t be tried or sued while sitting, in order to prevent frivolous lawsuits or trumped up charges from distracting him or her. I’m not sure if this is a federal law or a court decision or maybe just the opinion of the Justice Department’s Office of Legal Counsel. I know we have lawyers here who can weigh in. OTOH if the president really did, say, shoot someone on 5th Avenue, I suspect other mechanisms like impeachment would kick in swiftly. ---
**Author:** ![Blakeyrat](https://avatars.discourse-cdn.com/v4/letter/b/ecd19e/32.png) [@Blakeyrat](https://boards.straightdope.com/u/Blakeyrat)\ **Post date:** [November 2, 2017, 9:09pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/14 "2017-11-02T21:09:22Z")
> [@running\_coach](#): > > What if he shoots someone on 5th Avenue? For one thing, it’d be pretty tough to find an unbiased jury when the POTUS is the defendant. ---
**Author:** ![MEBuckner](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mebuckner/32/2896_2.png) [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)\ **Post date:** [November 2, 2017, 9:13pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/15 "2017-11-02T21:13:46Z")
> [@Beckdawrek](#): > > Should we discuss the death of a sitting President? Isn’t that treason? “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” The United States is not a monarchy. > [@TSBG](#): > > I don’t have a cite, but I’m pretty sure the President can’t be tried or sued while sitting, in order to prevent frivolous lawsuits or trumped up charges from distracting him or her. The President can be sued while in office, at least under some circumstances. See [_Clinton v. Jones_](https://supreme.justia.com/cases/federal/us/520/681/). ---
**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:** [November 2, 2017, 10:08pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/16 "2017-11-02T22:08:12Z")
As I understand it, the President (like many other officials at the federal and state levels) can’t be sued for actions taken as part of the duties of his office. For instance, Bush couldn’t be sued for the Iraq War, because commanding the military is part of the duties of the President. But having an affair isn’t part of the duties of the President, so Clinton could be sued for actions relating to that. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [November 2, 2017, 10:26pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/17 "2017-11-02T22:26:58Z")
> [@electronbee](#): > > I’d like the OP to take another shot at this question, research the question a bit, and then have a poignant question for discussion. Until then this is almost Cafe Society. A “poignant” question? Why? And what’s wrong with the question as posed? ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [November 2, 2017, 10:34pm UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/18 "2017-11-02T22:34:10Z")
As a practical matter there is no way a case could be tried and all appeals exhausted without a president’s term of office ending. Not going to happen in 4 years. Not even 8 years. So unless all appeals are dropped there is no way a president convicted of a capital crime could be executed while in office _assuming the crime and conviction occur while in office_. But there is no prohibition preventing a convict already on death row for a previous crime being elected president. Just have to convince the American public and the Electors to give him the job, a tall order. But in that narrow case perhaps a death sentence could be carried out on a sitting president. ---
**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\ **Post date:** [November 3, 2017, 12:50am UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/19 "2017-11-03T00:50:17Z")
> [@TSBG](#): > > I don’t have a cite, but I’m pretty sure the President can’t be tried or sued while sitting, in order to prevent frivolous lawsuits or trumped up charges from distracting him or her. I’m not sure if this is a federal law or a court decision or maybe just the opinion of the Justice Department’s Office of Legal Counsel. Or none of these things. Remind me again who the defendant was in [US -v- Nixon](https://supreme.justia.com/cases/federal/us/418/683/case.html)? ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [November 3, 2017, 1:22am UTC](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538/20 "2017-11-03T01:22:40Z")
> [@running\_coach](#): > > What if he shoots someone on 5th Avenue? No death penalty in New York. [Next page](https://boards.straightdope.com/t/is-there-any-circumstances-that-the-potus-can-be-legally-executed-within-the-jurisdiction-of-the-us/800538.md?page=2)