If the POTUS lit up a joint during the State of the Union Address:
*Who would/could charge him? I’m thinking the U.S. Capitol Police. Correct? Who else? Does the Secret Service have such power for such minute’ offenses within a federal building?
*Can the POTUS be charged with such a trivial offense?
*Is possession of marijuana a trivial offense in the U.S. Capitol or is it major?
*Don’t you wish this would happen just to fulfill the “May you live in interesting times” curse that someone hit you with at some point in your youth?
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He is head of the executive branch, isn’t that the law enforcement branch? That’s like having the chief of police charged with a petty crime, it’s not going to happen as no one is going to enforce it.
And better that they don’t as it would help pot become legalized.
Presidential Immunity does not extend to actions that have nothing to do with his official duties. Smoking a doobie is not part of his official duties. Even the president is not above the law.
So yes, the president could be arrested for smoking a joint.
That said the Secret Service is tasked with protecting the president and I seriously doubt they would allow Joe Beatcop to arrest the president and march him to a lockup.
The reality is it’d become a big shit storm.
I imagine the president would be impeached then arrested.
Question: The president cannot pardon people of crimes prosecuted by a state. But Washington is under congressional rule. Could President Biden pardon Obama in this case? (If he could I am betting he would.)
I remember during Watergate how the U.S. Marshals wanted to serve legal papers to Nixon and the SS wouldn’t let them. That showdown almost became a Constitutional crises.
What is the penalty for possession of small amounts of pot in D.C.? How about in a Federal building? Here in WI first offense possession of small amounts is usually charged as a municipal ordinance violation (citation) and is not a crime.
Back in the 1970’s Margaret Trudeau was the wife of Prime Minister Pierre Trudeau before the big blow-out where he gave her a black eye. She recounts in her memoirs how one Mountie assigned as her body guard knocked on the door and asked her to refrain from smoking any more pot because the odour was becoming obvious outside. Even while she was partying with the Rolling Stones before she ran off to New York with them, her Mounties did not break up the parties in Toronto despite obvious drug use.
See, believe it or not you guys down there just have far too boring politics.
Basically, there’s a simple paradigm at work. What lowly bottom of the ladder grunt is going to try to arrest his boss’s boss? Even if he managed to get anything to stick and evidence did not disappear before the trial, he’d be looking for a new line of employment. Discretion is the word. Of course, if some VIP politico pulls a stunt like lighting up in public, does not even try to hide it, then being arrested is the least of their problems.
There’s the cartoon:
Beat cop: “Did I ever tell you about the time I tried to arrest the mayor?”
Other guy: “Wow! A mere patrolman, and you tried to arrest the mayor!”
Beat Cop: “Oh, I wasn’t a patrolman back then…”