# Shouldn't Trump Be Arrested?

**URL:** <https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918>\
**Category:** Politics & Elections\
**Created:** [October 8, 2016, 9:18am UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918 "2016-10-08T09:18:14Z")\
**Posts on this page:** 20\
**Page:** 2

<div class="post-metadata">

**Author:** ![Onomatopoeia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/onomatopoeia/32/4145_2.png) [@Onomatopoeia](https://boards.straightdope.com/u/Onomatopoeia)\
**Post date:** [October 8, 2016, 3:58pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/21 "2016-10-08T15:58:47Z")

</div>

> [@John\_Mace](#):
>
> Here is the [SoL law in FL](http://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-775-15.html), where the crime allegedly was committed. Looks like it’s well past the limit.

Got it. Thanks.

---

<div class="post-metadata">

**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [October 8, 2016, 3:59pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/22 "2016-10-08T15:59:50Z")

</div>

> [@Onomatopoeia](#):
>
> Okay, now I think we are getting somewhere. Thanks. So if what Trump did to Nancy O’Dell was not a crime, which I am okay with stipulating, does that mean it was consensual?  
> Okay, understood. What about the Jill Harth case?

Does anyone know how a sexual advance will be received before it happens? When you make whatever your patented move is do you stop and ask consent first? If someone makes an advance and is rebuffed and they stop there is no crime. It may be the tort of sexual harassment.

The Jill Harth case might be a crime but I am not familiar with the law in Florida and especially not familiar with Florida caselaw which is not easily googlable. As I understand it the case was never investigated as a crime and only went forward as a lawsuit.

I have no doubt that Trump at least skirted the line up to assault and is a horrible person. If people want to think of him as a rapist then fine as long as he doesn’t get elected.

---

<div class="post-metadata">

**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [October 8, 2016, 4:05pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/23 "2016-10-08T16:05:03Z")

</div>

> [@John\_Mace](#):
>
> Here is the [SoL law in FL](http://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-775-15.html), where the crime allegedly was committed. Looks like it’s well past the limit.

The lawsuit happened in 1997. It’s not like it wasn’t brought up until the SoL ran out. As far as I know she made no attempt to go after him any where but in civil court.

Even if there was no statute of limitations I’m pretty sure these statements would not be admissible in any trial.

---

<div class="post-metadata">

**Author:** ![Onomatopoeia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/onomatopoeia/32/4145_2.png) [@Onomatopoeia](https://boards.straightdope.com/u/Onomatopoeia)\
**Post date:** [October 8, 2016, 4:19pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/24 "2016-10-08T16:19:37Z")

</div>

> [@Loach](#):
>
> The lawsuit happened in 1997. It’s not like it wasn’t brought up until the SoL ran out. As far as I know she made no attempt to go after him any where but in civil court.
> 
> Even if there was no statute of limitations I’m pretty sure these statements would not be admissible in any trial.

Harth actually did file a sexual harassment suit, which alleged attempted rape, but withdrew the suit as a condition of the $100,000 settlement she said Trump paid her.

---

<div class="post-metadata">

**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\
**Post date:** [October 8, 2016, 4:22pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/25 "2016-10-08T16:22:41Z")

</div>

> [@Corry\_El](#):
>
> Seriously though, it doesn’t matter if random people on the internet go overboard with this, that’s what the internet is for. But it illustrates the possibility of Democrats overplaying it, which even in their glee the more level headed ones surely realize.

Exactly. Let me emphasize this. The Democrats should not imitate Trump. Trump has been spewing out barrels of lying propaganda against both Clintons and calling for at least Hilary’s arrest. The Democrats should not copy that behavior. They should stick to facts and official findings - because that’s what makes Democrats different from Republicans. It’s a good difference and one that needs to be preserved. Trump is offering plenty of rope. No need to invent a new string.

If this sinks Trump, it does so with the usual perversity of politics. We know his personality. Probably nobody on earth aware of him will be truly surprised he said this. Or a hundred other things exactly like this. He has in fact said a hundred things in the same ballpark, not just about women but about every group that isn’t his own family. This is a nothing in the larger picture of what we know about Trump. Yet this might be the one thing that sticks when a hundred similar or worse things slide. Nobody has ever figured out why some things get headline news and others just like them are local stories. Stuff just happens. This may be his Dukakis tank moment. Or tomorrow’s debate may produce a new outrage that wipes this out of public memory. Nobody knows.

---

<div class="post-metadata">

**Author:** ![Arcite](https://avatars.discourse-cdn.com/v4/letter/a/67e7ee/32.png) [@Arcite](https://boards.straightdope.com/u/Arcite)\
**Post date:** [October 8, 2016, 4:29pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/26 "2016-10-08T16:29:31Z")

</div>

> [@ganthet](#):
>
> There are several issues:
> 
> 1. Lack of specificity - Trump did not admit to committing any kind of involuntary, non-consensual assault/sexual assault at a given time, place, and on a specific person. Without these details, it is impossible to charge him with a specific crime that took place in the jurisdiction of a particular court.
> 
> 2. Trump did not admit to doing anything without consent since his assertion was precisely that women would consent to him trying to flirt with, kiss, touch, etc. them because he was famous.
> 
> 3. Corpus - even if the first two things were not issues and that Trump did admit to touching a woman with a sexual intent and without her permission at a specific time, place, and with a particular woman, there is no independent evidence that this happened (namely a specific woman’s statement alleging such an incident that corresponds with the details in his statements).
> 
> 4. Statute of limitations - again, even assuming that there was an actual admitted assault/sexual assault here, since each state has their own laws establishing separate statutes of limitations, there is no way of telling what the time limitations would be here without knowing the location.

Good summary.

When I was a kid, I used to wonder–and be outraged by–how so many people were such obvious Bad Guys, even to the extent of admitting in public that they continually broke the law, and were allowed to get away with it. “People talk about these mafia bosses as though everyone knows they’re in the mafia,” I thought, “why don’t the police just go and arrest them?” Rock stars and rap stars repeatedly, openly, even defiantly referenced their own, ongoing use of illegal drugs–why don’t the police march right down to their houses and arrest them?

The Real World just doesn’t work that way.

---

<div class="post-metadata">

**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [October 8, 2016, 4:38pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/27 "2016-10-08T16:38:23Z")

</div>

> [@Onomatopoeia](#):
>
> Harth actually did file a sexual harassment suit, which alleged attempted rape, but withdrew the suit as a condition of the $100,000 settlement she said Trump paid her.

Yes I said it was brought up in civil court. What I was trying to say is that this is not a case of someone coming forward with allegations after the statute of limitations ran out. Her allegations came out in time for a criminal investigation but she chose to sue. I don’t know why. Maybe advice of counsel.

---

<div class="post-metadata">

**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [October 8, 2016, 4:52pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/28 "2016-10-08T16:52:41Z")

</div>

> [@Loach](#):
>
> The lawsuit happened in 1997. It’s not like it wasn’t brought up until the SoL ran out.

Yes, but we were asked about it’s relevance _now_, which is why I brought up the SoL.

---

<div class="post-metadata">

**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [October 8, 2016, 5:17pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/29 "2016-10-08T17:17:50Z")

</div>

> [@John\_Mace](#):
>
> Yes, but we were asked about it’s relevance _now_, which is why I brought up the SoL.

True but even without that I don’t think it would be allowed in court. There would be arguments both ways for sure.

---

<div class="post-metadata">

**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [October 8, 2016, 5:22pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/30 "2016-10-08T17:22:10Z")

</div>

> [@Loach](#):
>
> True but even without that I don’t think it would be allowed in court. There would be arguments both ways for sure.

Are you saying that the DA would probably not be willing to charge Trump with a criminal offense?

---

<div class="post-metadata">

**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [October 8, 2016, 5:26pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/31 "2016-10-08T17:26:52Z")

</div>

> [@John\_Mace](#):
>
> Are you saying that the DA would probably not be willing to charge Trump with a criminal offense?

I was doubling back to the OP saying that this recording would not be admissible at trial at a hypothetical Jill Harth case or some other hypothetical victim.

---

<div class="post-metadata">

**Author:** ![boffking](https://avatars.discourse-cdn.com/v4/letter/b/858c86/32.png) [@boffking](https://boards.straightdope.com/u/boffking)\
**Post date:** [October 8, 2016, 5:33pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/32 "2016-10-08T17:33:52Z")

</div>

He managed to get away with fraud, bribery, violating the Cuban embargo, tax evasion, and inciting violence. I agree that he should be arrested, and you or I would be arrested for these actions. But unfortunately he seems unstoppable, and I doubt he will face legal consequences for this scandal either.

---

<div class="post-metadata">

**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [October 8, 2016, 5:36pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/33 "2016-10-08T17:36:27Z")

</div>

> [@Loach](#):
>
> I was doubling back to the OP saying that this recording would not be admissible at trial at a hypothetical Jill Harth case or some other hypothetical victim.

Oh, OK. I didn’t get that from your post, but it makes sense now.

---

<div class="post-metadata">

**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\
**Post date:** [October 8, 2016, 6:17pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/34 "2016-10-08T18:17:31Z")

</div>

That Hugh Mongus guy on youtube is deep legal shit apparently if he ever runs for president anytime soon.

---

<div class="post-metadata">

**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\
**Post date:** [October 8, 2016, 6:32pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/35 "2016-10-08T18:32:01Z")

</div>

> [@Morgenstern](#):
>
> The OP is asking a question. He’s not making a statement as you seem to imply.

Just Asking Questions?

There should be a term for that. :rolleyes:

---

<div class="post-metadata">

**Author:** ![rat\_avatar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rat_avatar/32/255_2.png) [@rat\_avatar](https://boards.straightdope.com/u/rat_avatar)\
**Post date:** [October 8, 2016, 6:35pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/36 "2016-10-08T18:35:52Z")

</div>

> [@Loach](#):
>
> Does anyone know how a sexual advance will be received before it happens? When you make whatever your patented move is do you stop and ask consent first? If someone makes an advance and is rebuffed and they stop there is no crime. It may be the tort of sexual harassment.
> 
> The Jill Harth case might be a crime but I am not familiar with the law in Florida and especially not familiar with Florida caselaw which is not easily googlable. As I understand it the case was never investigated as a crime and only went forward as a lawsuit.
> 
> I have no doubt that Trump at least skirted the line up to assault and is a horrible person. If people want to think of him as a rapist then fine as long as he doesn’t get elected.

You could test this, go to a mall, or a public park and walk up to women, kiss them and grab their genitals.

I doubt that you have the budget to buy lawyers but I am betting it will answer you question on if it is illegal or not.

[http://www.nytimes.com/2016/05/15/us/politics/donald-trump-women.html?mtrref=gephardtdaily.com](http://www.nytimes.com/2016/05/15/us/politics/donald-trump-women.html?mtrref=gephardtdaily.com)

---

<div class="post-metadata">

**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 8, 2016, 6:35pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/37 "2016-10-08T18:35:59Z")

</div>

Let me get on the record, again, that I fully expect Donald Trump to be in handcuffs within 3 years. There are too many crimes, too many pissed off people, too many powerful politicians who no longer can stand the man, his goose is literally and effectively cooked.

I’ll even go further out in a limb and say it’s going to be a RICO indictment: There are too many organizations and too many crimes to prosecute effectively, both operationally (with multiple jurisdictions) and the cost.

Rico is likely the only answer. Otherwise, the Department of Justice, the state of New York, the State of Florida, the FEC, the IRS, and multiple other jurisdictions have to spend their time and money prosecuting Donald Trump in any of his three organizations.

Again, in my admittedly not legal opinion

---

<div class="post-metadata">

**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\
**Post date:** [October 8, 2016, 8:27pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/38 "2016-10-08T20:27:05Z")

</div>

> [@John\_Mace](#):
>
> Which law does the OP think Trump has broken? Please be specific and also check statute of limitations. Hint: The recently reviewed video is form 11 years ago.
> 
> Now, if we have a real, live woman who steps forward and has an actionable complaint within the last 7 years (typical of SoL), then there might be something.

Take your pick. The SoL is expired on some of the sexual assaults though.

> **[Parenting, Baby Names, Celebrities, and Royal News](https://cafemom.com/)**
>
> CafeMom is a supportive community where moms can get parenting tips and updates, real talk, laughs, and the latest celebrity news all in one place

[https://www.reddit.com/r/EnoughTrumpSpam/comments/4sv46y/a\_final\_response\_to\_the\_tell\_me\_why\_trump\_is\_a/](https://www.reddit.com/r/EnoughTrumpSpam/comments/4sv46y/a_final_response_to_the_tell_me_why_trump_is_a/)

---

<div class="post-metadata">

**Author:** ![Declan](https://avatars.discourse-cdn.com/v4/letter/d/ecae2f/32.png) [@Declan](https://boards.straightdope.com/u/Declan)\
**Post date:** [October 8, 2016, 11:14pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/39 "2016-10-08T23:14:55Z")

</div>

> [@JohnT](#):
>
> Let me get on the record, again, that I fully expect Donald Trump to be in handcuffs within 3 years. There are too many crimes, too many pissed off people, too many powerful politicians who no longer can stand the man, his goose is literally and effectively cooked.

Or in a few weeks, he is going to be president elect, in which case those same powerful people will line up at the trough. Business is business.

Declan

---

<div class="post-metadata">

**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [October 8, 2016, 11:46pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/40 "2016-10-08T23:46:50Z")

</div>

> [@rat\_avatar](#):
>
> You could test this, go to a mall, or a public park and walk up to women, kiss them and grab their genitals.
> 
> I doubt that you have the budget to buy lawyers but I am betting it will answer you question on if it is illegal or not.
> 
> [http://www.nytimes.com/2016/05/15/us/politics/donald-trump-women.html?mtrref=gephardtdaily.com](http://www.nytimes.com/2016/05/15/us/politics/donald-trump-women.html?mtrref=gephardtdaily.com)

Wow I didn’t realize that’s what Trump did! Your link didn’t mention it. I’ll go off right now and find the story.

In the mean time I’ll just let you know I’m an SVU detective who has been investigating sex crimes for the last six years. I’m always willing to learn more so I’ll look forward to your next posts.

[Previous page](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918.md?page=1)

[Next page](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918.md?page=3)
