# Sarah Palin investigated for Abuse of Gubernatorial Power. Some Questions. **URL:** \ **Category:** Great Debates\ **Created:** [September 3, 2008, 3:00am UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804 "2008-09-03T03:00:05Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\ **Post date:** [September 3, 2008, 3:00am UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/1 "2008-09-03T03:00:05Z")
Gee. It puts a mind to wonderin’. [Sarah Palin Investigated](http://www.cnn.com/2008/POLITICS/09/02/palin.investigation/index.html) No doubt she will zealously comply with all directives and participate fully with the investigation and (possible) prosecution, and will do so with absolute disclosure. Interesting to see how this pans out. What damage with this do- if she is indeed found guilty of Gubernatorial Abuse of Power- to the campaign ? I struggle to see how John McCain can reconcile this. How he would find it defensible ? Were she to be exonerated, of course he should continue with his plan. One wonders if this might well be another Harriet Miers. Not because of conservative opposition, but because of the real or perceived cost in votes. Worse to release her as a running mate, or stick with her and risk her being convicted? What if she WERE to be convicted? Is Abuse of Power a felony?Could she be sworn in as Vice President if she were convicted? Since the investigation may well go way past Innaguration Day, what happens if she were to be sworn in, THEN convicted of the crime? Is she still permitted to serve? What if she were to be advanced to President? Can she serve in that capacity if she were to be convicted? Cartooniverse ---
**Author:** ![appleciders](https://avatars.discourse-cdn.com/v4/letter/a/85f322/32.png) [@appleciders](https://boards.straightdope.com/u/appleciders)\ **Post date:** [September 3, 2008, 6:15am UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/2 "2008-09-03T06:15:25Z")
Much worse to release her now than to wait and see how it pans out. Ditching her now is as good as admitting her guilt. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [September 3, 2008, 10:45am UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/3 "2008-09-03T10:45:20Z")
> [@Cartooniverse](#): > > What if she WERE to be convicted? Is Abuse of Power a felony? Could she be sworn in as Vice President if she were convicted? Since the investigation may well go way past Innaguration Day, what happens if she were to be sworn in, THEN convicted of the crime? Is she still permitted to serve? What if she were to be advanced to President? Can she serve in that capacity if she were to be convicted? The Constitutional requirements to be POTUS are: 1. 35 years old; 2. Natural-born citizen of the United States; 3. Resident of the United States for 14 years. and 4) to be hypertechnical about it, may not previously have been elected President twice or served or acted as President for more than two years of someone else’s Presidency and then been elected once on his or her own. There is no Constitutional requirement that the President not be a convicted criminal. There are no additional requirements to be VPOTUS. Conviction of a crime while in office does not disqualify either the VPOTUS or the POTUS from continuing to serve, however, if the crime is severe enough Congress would likely impeach, convict and remove the convict from office. If convicted, the POTUS can pardon either the VPOTUS of him/herself or commute any sentence, although again depending on the severity of the crime Congress might act. ---
**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:** [September 3, 2008, 11:22am UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/4 "2008-09-03T11:22:52Z")
Moving thread from IMHO to Great Debates. ---
**Author:** ![TequilaSunrise](https://avatars.discourse-cdn.com/v4/letter/t/5daacb/32.png) [@TequilaSunrise](https://boards.straightdope.com/u/TequilaSunrise)\ **Post date:** [September 3, 2008, 12:07pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/5 "2008-09-03T12:07:27Z")
Hmm, this is a really good “what if” question. I’d assume if she’s convicted prior to taking office, George Bush would give her a pardon. I don’t know if President McCain would be able to pardon his Vice President, but I’m pretty sure he can. If she didn’t get a pardon for whatever reason then… I dunno. Assuming jail time is mandatory, it’s very possible she would have to serve her prison sentence while vice president. And the prison system would have to accommodate whatever special responsibilities she has (if any) from the constitution. If she was still in prison and John McCain died, I’d assume she’d have to be sworn in. If she’s unable to get a pardon from a governor (can they give pardons? What about federal crimes?) I’m guessing she’ll be impeached and/or resign, assuming she doesn’t resign before all this mess. I’ve no idea if anyone would actually be stubborn enough to hang onto the presidency/vice presidency in such a bitter fashion, but who knows. ---
**Author:** ![Phlosphr](https://avatars.discourse-cdn.com/v4/letter/p/c68b51/32.png) [@Phlosphr](https://boards.straightdope.com/u/Phlosphr)\ **Post date:** [September 3, 2008, 12:18pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/6 "2008-09-03T12:18:01Z")
One of the glowing features of this election cycle since choosing Palin, is how could the panel that supposedly vetted Palin have missed so much. She answered the 70 question questionaire but who cares if the question the media would latch onto wasn’t asked? All of this bad press is already severely handicapping their chances. NO problem from my stand point and many others on the boards, but I wonder if McCain understands the grevious nature of his choice? ---
**Author:** ![tomndebb](https://avatars.discourse-cdn.com/v4/letter/t/b9e5f3/32.png) [@tomndebb](https://boards.straightdope.com/u/tomndebb)\ **Post date:** [September 3, 2008, 12:40pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/7 "2008-09-03T12:40:56Z")
**Moderator Note:** We already have a surfeit of threads questioning Governor Palin’s qualifications for VP (including a number of posts on the flap over Moneghan and Wooten. Let’s keep this thread focused on the constitutional and practical considerations of having a presidential or VP candidate investigated or tried and convicted for crimes. ---
**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\ **Post date:** [September 3, 2008, 1:37pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/8 "2008-09-03T13:37:42Z")
Is “abuse of power” even a crime? I know it doesn’t sound _good_ on a resume but I assumed it was more a matter of the state legislature saying “For shame!” or, at worst, impeachment and removal from office. Which, again, doesn’t inspire confidence in the electorate but doesn’t earn you jail time or a criminal record. ---
**Author:** ![Steve\_MB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steve_mb/32/5339_2.png) [@Steve\_MB](https://boards.straightdope.com/u/Steve_MB)\ **Post date:** [September 3, 2008, 1:39pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/9 "2008-09-03T13:39:53Z")
> [@TequilaSunrise](#): > > Hmm, this is a really good “what if” question. > > I’d assume if she’s convicted prior to taking office, George Bush would give her a pardon. The President cannot pardon criminal violations of state law, only criminal violations of federal law. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [September 3, 2008, 2:31pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/10 "2008-09-03T14:31:05Z")
> [@Jophiel](#): > > Is “abuse of power” even a crime? I know it doesn’t sound _good_ on a resume but I assumed it was more a matter of the state legislature saying “For shame!” or, at worst, impeachment and removal from office. I haven’t researched Alaska law but the linked article does quote a letter from a state senator mentioning “possible violations of law by members of the executive branch” so that leads me to believe that yes, it’s a crime. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [September 4, 2008, 2:37pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/11 "2008-09-04T14:37:23Z")
> [@TequilaSunrise](#): > > Hmm, this is a really good “what if” question. > > I’d assume if she’s convicted prior to taking office, George Bush would give her a pardon. I don’t know if President McCain would be able to pardon his Vice President, but I’m pretty sure he can. > > If she didn’t get a pardon for whatever reason then… I dunno. Assuming jail time is mandatory, it’s very possible she would have to serve her prison sentence while vice president. And the prison system would have to accommodate whatever special responsibilities she has (if any) from the constitution. > > If she was still in prison and John McCain died, I’d assume she’d have to be sworn in. If she’s unable to get a pardon from a governor (can they give pardons? What about federal crimes?) I’m guessing she’ll be impeached and/or resign, assuming she doesn’t resign before all this mess. > > I’ve no idea if anyone would actually be stubborn enough to hang onto the presidency/vice presidency in such a bitter fashion, but who knows. Do you understand the difference between federal and state crimes? Your second paragraph suggests you don’t, but your fourth hints that you do. You may be missing that distinction, or you may not realize that the President may only pardon “offenses against the United States” – federal crimes. I am assuming that “abuse of gubernatorial power” is probably a state crime. No president could pardon her. ---
**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\ **Post date:** [September 4, 2008, 4:03pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/12 "2008-09-04T16:03:33Z")
Have been getting subscription links, none have worked until right now. Hence my silence in my own thread. Keep it coming. I realize that Bush can pardon her, as can President McCain. How much cred would President McCain have left after that pardon? Would he, in fact, do it? Or would he let her serve her time and have her removed? Would a V.P. have to be Impeached? ---
**Author:** ![E-Sabbath](https://avatars.discourse-cdn.com/v4/letter/e/e19adc/32.png) [@E-Sabbath](https://boards.straightdope.com/u/E-Sabbath)\ **Post date:** [September 5, 2008, 1:46am UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/13 "2008-09-05T01:46:36Z")
The latest news: [Looks like Ms. Palin improperly](http://www.cnn.com/2008/POLITICS/09/04/palin.investigation/index.html) obtained the records of her sister’s ex-husband to make the complaints. ---
**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\ **Post date:** [September 5, 2008, 12:18pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/14 "2008-09-05T12:18:01Z")
I dunno about that. If you read the article to the bottom, it discusses a waiver he signed. If that waiver is accurate, then he did in fact release all of that private data to the public eye. Doesn’t explain the 20 harassing phone calls, but exposing the info from his medical claims file and personnel file? If he signed a waiver, then there’s no beef. ---
**Author:** ![E-Sabbath](https://avatars.discourse-cdn.com/v4/letter/e/e19adc/32.png) [@E-Sabbath](https://boards.straightdope.com/u/E-Sabbath)\ **Post date:** [September 5, 2008, 12:51pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/15 "2008-09-05T12:51:46Z")
Yep, missed that part. However, it does strongly imply that troopergate is, in fact, factual. ---
**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\ **Post date:** [September 9, 2008, 9:25pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/16 "2008-09-09T21:25:20Z")
Yes it does. Sounds like she cannot be pardoned for a state crime. If she is convicted, and if McCain wins, would she get to serve from a prison cell ? Can the next Governor of Alaska commute her sentence ? ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [September 9, 2008, 9:31pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/17 "2008-09-09T21:31:33Z")
> [@Cartooniverse](#): > > Can the next Governor of Alaska commute her sentence ? According to the Alaska constitution: > [@](#): > > Subject to procedure prescribed by law, the governor may grant pardons, commutations, and reprieves, and may suspend and remit fines and forfeitures. This power shall not extend to impeachment. A parole system shall be provided by law. So yes, he could. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [September 9, 2008, 9:34pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/18 "2008-09-09T21:34:28Z")
> [@Cartooniverse](#): > > Yes it does. Sounds like she cannot be pardoned for a state crime. If she is convicted, and if McCain wins, would she get to serve from a prison cell ? Can the next Governor of Alaska commute her sentence ? Not sure about the specifics of Alaska, but the typical rule is that the governor may pardon or commute the sentence for any and all state crimes, just like the president may pardon or commute the sentence for any and all federal crimes. I know of no authority, and no constitutional argument, that would protect the Vice-President from arrest and conviction in either state or federal court. Assuming her ticket wins, and she’s convicted, she could theoretically serve her term as VP from a prison cell. Congress can impeach her, but failing that, she’s still the VP. And of course the next governor of Alaska could pardon her or commute her sentence. ---
**Author:** ![Maeglin](https://avatars.discourse-cdn.com/v4/letter/m/8baadc/32.png) [@Maeglin](https://boards.straightdope.com/u/Maeglin)\ **Post date:** [September 9, 2008, 9:36pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/19 "2008-09-09T21:36:16Z")
> [@Bricker](#): > > Assuming her ticket wins, and she’s convicted, she could theoretically serve her term as VP from a prison cell. Congress can impeach her, but failing that, she’s still the VP. There is a short story in here screaming to get out. If only I knew how to write. ---
**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\ **Post date:** [September 9, 2008, 9:38pm UTC](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804/20 "2008-09-09T21:38:31Z")
It would put an enormous amount of pressure on that Governor. If he and only he can pardon her for a state conviction, and he were to refuse to do so, then… she would have to be impeached? On what charges? Can one be impeached for a crime committed before one was sworn into office? [Next page](https://boards.straightdope.com/t/sarah-palin-investigated-for-abuse-of-gubernatorial-power-some-questions/461804.md?page=2)