# 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:** 4

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**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:** [June 21, 2019, 7:12pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/61 "2019-06-21T19:12:18Z")

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> [@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.
> 
> 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

LOLOLOLOLOLOL. Getta load of _this_ guy!

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**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:** [June 21, 2019, 7:27pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/62 "2019-06-21T19:27:47Z")

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I hope the prosecutor for that jurisdiction indicts that orange prick. And let’s get the woman to testify before the House Judiciary Committee.

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [June 21, 2019, 7:31pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/63 "2019-06-21T19:31:28Z")

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I’d prefer to not see her dragged before the house. I’d like her to tell her story to an investigator, a prosecutor, and a judge/jury, and be done with it.

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**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\
**Post date:** [June 21, 2019, 7:34pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/64 "2019-06-21T19:34:55Z")

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NY DA is the son of Carter’s secretary of state Cyrus Vance

[Cyrus Vance Jr. - Wikipedia](https://en.wikipedia.org/wiki/Cyrus_Vance_Jr).

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**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\
**Post date:** [June 22, 2019, 1:43am UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/65 "2019-06-22T01:43:53Z")

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> [@bijou drains](#):
>
> ny da is the son of carter’s secretary of state cyrus vance
> 
> [Cyrus Vance Jr. - Wikipedia](https://en.wikipedia.org/wiki/cyrus_vance_jr).

**Angry Democrats Fake News Witch Hunt Hillary’s Emails**

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**Author:** ![Ann\_Hedonia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ann_hedonia/32/319_2.png) [@Ann\_Hedonia](https://boards.straightdope.com/u/Ann_Hedonia)\
**Post date:** [June 22, 2019, 2:15am UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/66 "2019-06-22T02:15:51Z")

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> [@Bijou\_Drains](#):
>
> NY DA is the son of Carter’s secretary of state Cyrus Vance
> 
> [Cyrus Vance Jr. - Wikipedia](https://en.wikipedia.org/wiki/Cyrus_Vance_Jr).

And he almost indicted Ivanka and Don Jr over the Trump Soho project until one of Trump’s attorneys paid him off.

> **[How Ivanka Trump and Donald Trump, Jr., Avoided a Criminal Indictment](https://www.newyorker.com/news/news-desk/how-ivanka-trump-and-donald-trump-jr-avoided-a-criminal-indictment)**
>
> Manhattan prosecutors were preparing a case. Then the D.A. got a visit from a campaign donor: Trump’s personal lawyer.

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**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [June 22, 2019, 2:18am UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/67 "2019-06-22T02:18:07Z")

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> [@Bijou\_Drains](#):
>
> No statute of limitations for 1st degree rape in NY.

I know there are good psychological reasons a rape victim might not come forward for many years, but the fact is that such delay damages the jury appeal of a case. While there is no legal statute of limitations, without DNA evidence, there might as well be.

The President is obviously above federal law. That’s why Mueller didn’t recommend prosecution. In practice, I suspect he is also above state law.

Post-presidency, I think federal prosecution, is unlikely, even if DJT neglects to issue a self-pardon. A Democratic successor wouldn’t want the news every day to be about Donald Trump.

As for post-presidency state prosecution, that is conceivable. But massive prejudicial pre-trial publicity would make it hard for him to get a fair trial. All it takes is one Trumpkin on the jury for it to hang.

Guatemala and Honduras both have former presidents currently in prison. AFAIK it hasn’t improved their governance.

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**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\
**Post date:** [June 22, 2019, 4:29am UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/68 "2019-06-22T04:29:24Z")

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She still has the garment she was wearing. In the piece released today, she mentions that when she went home she put it in the back of her closet and it hasn’t been worn since then. There may be some evidence on the garment that corroborates pieces of her story.

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**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:** [June 22, 2019, 1:18pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/69 "2019-06-22T13:18:34Z")

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I don’t think a meaningful amount of DNA would still be recoverable after that long, but you might still be able to do some sort of antigen matching.

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**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\
**Post date:** [June 22, 2019, 1:50pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/70 "2019-06-22T13:50:18Z")

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She said she does not want charges pressed. So that’s pretty much the end of the story.

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**Author:** ![QuickSilver](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quicksilver/32/7832_2.png) [@QuickSilver](https://boards.straightdope.com/u/QuickSilver)\
**Post date:** [June 22, 2019, 2:04pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/71 "2019-06-22T14:04:42Z")

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Orange is the new teflon.

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**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:** [June 22, 2019, 2:58pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/72 "2019-06-22T14:58:25Z")

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It’s the state’s decision whether to press charges, not the victim’s. Though it’s much harder for the state if the victim isn’t interested in pursuing it.

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**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\
**Post date:** [June 22, 2019, 5:38pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/73 "2019-06-22T17:38:17Z")

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A sitting US President is probably immune from state prosecution while he remains in office. And there are good reasons for this.

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**Author:** ![Boycott](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boycott/32/6741_2.png) [@Boycott](https://boards.straightdope.com/u/Boycott)\
**Post date:** [June 23, 2019, 7:30pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/74 "2019-06-23T19:30:17Z")

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I’d get more satisfaction seeing his son Don Jr in orange uniform. Utter c\*\*\* of a man desperate for daddy’s attention.

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**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:** [June 23, 2019, 8:22pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/75 "2019-06-23T20:22:54Z")

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On what grounds, **DSYoungEsq**? As far as a state is concerned, he’s just another citizen.

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**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\
**Post date:** [June 23, 2019, 10:28pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/76 "2019-06-23T22:28:17Z")

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> [@Chronos](#):
>
> On what grounds, **DSYoungEsq**? As far as a state is concerned, he’s just another citizen.

On the basis of federalism. Joseph Story himself wrote in his _Commentaries on the Constitution of the United States_ that,

> [@§1563](#):
>
> There are … incidental powers, belonging to the executive department, which are necessarily implied from the nature of the functions, which are confided to it. Among these, must necessarily be included the power to perform them, without any obstruction or impediment whatsoever. The President cannot, therefore, be liable to arrest, imprisonment, or detention, while he is in the discharge of the duties of his office …

If states were free to indict and try a sitting President, then all sorts of politically motivated efforts to impose criminal liability would undoubtedly be undertaken. I shudder to think what the last Administration would have faced had Attorneys General in solidly “red” states thought they had the right to charge President Obama with crimes related to anything and everything from “Benghazi, Benghazi, Benghazi” on. It would not be a good thing.

The proper way to proceed in such cases is undoubtedly to take whatever action is needed to toll any statute of limitations, then wait until the President is out of office to commence a trial.

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**Author:** ![DPRK](https://avatars.discourse-cdn.com/v4/letter/d/4491bb/32.png) [@DPRK](https://boards.straightdope.com/u/DPRK)\
**Post date:** [June 23, 2019, 10:42pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/77 "2019-06-23T22:42:43Z")

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> [@PhillyGuy](#):
>
> Guatemala and Honduras both have former presidents currently in prison. AFAIK it hasn’t improved their governance.

A former president of Israel did five years for rape and obstruction of justice; he was forced to resign before the trial. It didn’t improve the governance there, either.

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**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\
**Post date:** [June 23, 2019, 11:50pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/78 "2019-06-23T23:50:20Z")

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> [@DPRK](#):
>
> A former president of Israel did five years for rape and obstruction of justice; he was forced to resign before the trial. It didn’t improve the governance there, either.

Israeli president is not that important, their PM runs the country. You almost never hear about the president of Israel, at least here in the US. But it’s still a pretty big deal that he was forced to quit and got convicted.

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**Author:** ![nelliebly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nelliebly/32/5422_2.png) [@nelliebly](https://boards.straightdope.com/u/nelliebly)\
**Post date:** [June 24, 2019, 7:18am UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/79 "2019-06-24T07:18:20Z")

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> [@bobot](#):
>
> I’d prefer to not see her dragged before the house. I’d like her to tell her story to an investigator, a prosecutor, and a judge/jury, and be done with it.

This. Though the House has a Democratic majority, I’d hate to see another episode like Christine Blasey Ford’s testimony. The politically-driven derision and victim-condemnation, both on the floor and among the public, was especially painful for sexual assault survivors to witness.

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**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\
**Post date:** [June 25, 2019, 7:00pm UTC](https://boards.straightdope.com/t/shouldnt-trump-be-arrested/767918/80 "2019-06-25T19:00:15Z")

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I understand why rape victims don’t come forward, but if she was going to face the shitstorm anyway, I sure wish she’d spoken up in October 2016. Probably wouldn’t have made any difference, but …

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