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Questions tagged [president]

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27 views

What happens if a regular lawsuit procedure hits presidential immunity?

Scenario: A sitting president of the U.S. sues somebody for something (what doesn't really matter). The defendant makes a motion for a subpoena/deposition/whatever. The President objects on grounds ...
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5answers
278 views

Can the US Senate disqualify a former President?

In summary, the answer to "Can a US President, after impeachment and removal, be re-elected or re-appointed?" was "Yes, unless the Senate votes by simple majority to add the penalty of ...
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3answers
113 views

Can Congress, or any other body, subpoena the President's tax records?

President Trump's tax records, and the question of whether Congress can access them, have been on the news for years. In all this time, I've never heard any analyst debate whether or not a president ...
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29 views

Can the sitting president do trade in the stock exchange?

Is there anything that prohibits a sitting president of being active in the stock exchange market while on office? If not, are there any know precedents for it?
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1answer
143 views

Can The President Of The US Pardon Everyone?

Can The President Of The United States Pardon everyone, for example lets say a criminal organisation is commiting crimes, after awhile they get raided by the police,everyone gets arrested and ...
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3answers
122 views

Is the US Constitution binding for the US President?

I understand that the President of the United States has some immunity against the law. This makes sense to protect the president from interference and allows for flexibility. To a European cursory ...
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2answers
159 views

Annexation and becoming US president

Imagine I was born in country X at xxxx. At xxxx+20 years country X is annexed to the United States. (Freely or forcefully) At xxxx+40 years I am elected to be the next president of the United States. ...
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3answers
13k views

Can a US President, after impeachment and removal, be re-elected or re-appointed?

This answer in its present form states If Donald Trump were impeached and blocked from running again (which is one of the things that impeachment can do, disqualify from office)... Is that true? ...
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123 views

Transfer of US Presidential power when both the President and the Vice President are incapacitated

According to Article II, section 1, clause 6 of the US Constitution, in the case of death, removal, resignation, or inability to discharge the powers of the office, both of the President and the Vice ...
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4answers
9k views

How can the US president give an order to a civilian?

I remember reading that the US president can give an order to a civilian via some special letter. (The example given involved an IT company employee ordered to install a back-door in the company's ...
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1answer
151 views

Can people get in trouble for investigating or charging the president?

Not word for word and please correct me. Is there a law like this? If so: Should any criminal investigation or legal action, investigation even a phone call that takes time from the president in ...
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3answers
3k views

How are presidential pardons supposed to be used?

When and how are pardons supposed to be used? Why does the Constitution even grant the president the power to pardon? Can it be used to pardon any crime? On the surface, it seems to make the ...
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Is there a gap in the office of Speaker of the House?

In the current Congressional elections, the control of the House of Representatives is changing from one party to another, and the current Speaker did not run for re-election. In this situation, is ...
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2answers
394 views

Is the Acting Attorney General in the Presidential Line of Succession?

The Attorney-General is seventh in the line of succession to the Presidency of the United States. Does an Acting Attorney-General replace the former Attorney-General in the line of succession?
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1answer
748 views

Is it legal for the President of the US to ignore a subpoena?

In 2012, Obama was subpoenaed in the case Farrar, Lax, Judy, Malaren, and Roth v. Obama. However after a failed attempt to quash the subpoena on the basis that a sitting president cannot be subpoenaed ...
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2answers
591 views

Is there any way a president could be voted in by popular vote more than two terms?

If everybody was to vote on their ballot for a United States president who had already served two terms and won the election what would happen?
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1k views

Confirming a new vice-president

Whenever the Office of President of the United States becomes vacant, whether by resignation, impeachment, ill health, whatever, the reason is immaterial. Naturally, the Vice President takes over ...
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1answer
392 views

Can the President unilaterally change the design of the US flag?

In researching this question, I found this page from the Government Publishing Office, which states in 4 U.S.C. §10: Any rule or custom pertaining to the display of the flag of the United States of ...
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1answer
87 views

US presidential qualification; 1994 “equal treatment of women in conferring citizenship to children born abroad”

Inspired by Legal to become president if U.S. adds new state/territories? People born before May 24, 1934, to a US citizen mother and a non-US-citizen father, outside US territory, were not US ...
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2answers
119 views

Legal to become president if U.S. adds new state/territories?

If the U.S. adds a new territory, are the people currently living there able to become president? Or does the territory have to become a state in order for the people to be eligible to become ...
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1answer
388 views

Overturning a presidential pardon and double jeopardy

President Trump pardoned Joe Arpaio of any other offenses under Chapter 21 of Title 18, United States Code that might arise, or be charged. This question asks about overruling a pardon and it seems ...
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2answers
312 views

Can a presidential pardon be overruled?

I know a presidential veto on a law (or bill, since they didn't sign it) can be overruled by a two-third vote in both houses. Is the same, or a similar process, available to overturn a pardon?
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What can happen if the US President has violated campaign finance laws?

There has been recent news about President Donald Trump possibly breaking campaign finance laws due to a repayment made to one of his lawyers. NPR: Trump Admits To Authorizing Stormy Daniels Payoff, ...
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1answer
77 views

Is there a precedent or contingency to re-do an election disrupted by war, natural disaster, epidemic, terrorism or fraud?

I'm wondering about a situation where the election process clearly failed or was disrupted, leaving multiple people claiming to have won, and nobody confident in the result. Is there any plan in place,...
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2answers
289 views

Assuming the U.S. President is convicted of a crime in their unofficial person, what happens next?

Assuming that, e.g., a sitting President went and shot somebody, and was duly convicted by a jury of his/her peers, etc., in...let's say Washington D.C.... What would happen to the sentence? Would ...
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1answer
89 views

Why did Jim Garrison investigate the Kennedy assassination?

Mr Garrison was the district attorney (DA) for the state of New Orleans and the assassination of President Kennedy happened in Dallas, Texas. Why would a New Orleans DA be interested in this? Isn't ...
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2answers
2k views

“Designated Survivor” scenario: What if a President is sworn in and someone earlier in succession resurfaces?

If something like what's depicted in "Designated Survivor" (TV-show) happened – POTUS, VPOTUS, Speaker, &c, were all (believed to be) dead – and the "designated survivor" had become acting ...
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2k views

Can president of the united states pardon himself if convicted of treason or some other wrong doing

I wanted to know whether the POTUS could pardon himself if he/she is criminally charged with treason or some other wrong doing.
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1answer
90 views

In the USA, how is a war officially ended from a legal standpoint?

If Ron Paul became POTUS and wanted to begin undoing the Military Industrial Complex by first ending the officially declared "War On Terror", what would he need to do to officially do that?
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1answer
1k views

Can I legally deny the President of the United States entry into my home?

If the President were to show up at my home and demand entry for some reason (unlikely as that would be), do I have the right to refuse? I am aware that it would be a felony to make direct threats ...
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1answer
170 views

Can the POTUS really pardon via tweet? If so, what would one actually look like?

Is it true that the POTUS can make an official pardon at any time via a mere tweet? If so what would the tweet need to have/not-have to qualify as a legally legitimate pardon? For example, if the ...
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1answer
58 views

Does a law require the Chief Justice to administer the president's oath?

When a president of the United States is sworn in, normally the person administering the oath is the Chief Justice of the United States. Is that required by some law?
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1answer
183 views

What happens if Congress blocks funding for a President's military order?

There is talk of Congress passing legislation to block funding for a military strike on North Korea. My question is, what happens if the president orders an attack assuming it is within his authority?...
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1answer
138 views

Can the President issue an implicit blanket pardon for specific offenses?

Yesterday, President Trump made a speech applauded by law enforcement encouraging their rough treatment of suspects, specifically including a removal of protection from physical injury when a suspect ...
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1answer
4k views

Could a president sue a person for defamation during their time in office?

In this hypothetical (unless it's happened in the past), a prominent citizen or news agency makes statements about the president, or his decisions or policies, that are knowingly inaccurate or false ...
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221 views

Couldn't Comey avoid the whole kerfuffle with a simple question?

Yesterday (6/8/2017) fmr FBI Director Comey testified that President Trump told him during a dinner which the 2 of them had (with no witnesses present) something along the lines of "I hope you can let ...
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2answers
327 views

Does the President of the USA execute prosecutorial discretion?

Is it legal for the President of the USA to direct an official of the DOJ (say, the Director of the FBI) to drop an investigation, as an exercise of prosecutorial discretion? This is the case being ...
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1answer
206 views

Can the POTUS be impeached for endangering the security of the state?

Can the President of the United States be impeached for endangering the security of the state? "Endangering the security of the state" defined as leaking or telling sensitive information to other ...
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2answers
5k views

USA - Grounds for Treason / Arrests to Prevent a Coup

The base question is what grounds must a president have to initiate arrests on the basis of treason. What evidence must be had, if any. In the event of a suspected Coup, what acts may the president ...
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2answers
4k views

What happens if Congress declares war, but POTUS refuses to fight it?

By Article I, Section 8, Clause 11 of the US Constitution, the power to declare war is with the Congress. Today (03/20/17), during a committee hearing, Ms. Speier, accused Russia (I assume she meant ...
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1answer
1k views

Can former President Obama sue President Trump for defamation? [duplicate]

President Trump has made assertions that former President Obama "wire tapped" him and Trump has claimed that he has evidence of this. It begins to appear that Trump has been lying about this and that ...
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1answer
2k views

Is it legal for the President of the United States to order a wiretap on a citizen of the United States?

In light of President Trump's allegations against the Obama administration: Is it legal for the President of the United States to order a wiretap and/or other federal surveillance of a citizen of the ...
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1answer
132 views

If the US President is sued, do the taxpayers fund his defense and any settlements?

If someone sues President Trump for slander, do the taxpayers fund his defense? I would consider having the Attorney General as counsel would qualify. Also, would the taxpayers be on the hook for ...
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1answer
148 views

Is there any option other then impeachment to address a situation where a president abuses his power for financial gain?

Some have claimed that trump is in a position where he could or has exploited his presidency to support his businesses/finances. Without addressing the validity of those claims, I'm wondering what ...
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1answer
4k views

Can the US president be charged of crime such as murder while in office?

If the US president commits murder during his vacation as an unofficial action during his presidential term, can he be charged with a crime in court (i.e., in the judiciary branch) before he steps ...
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1answer
286 views

Is the US President immune from civil lawsuits?

I read in the news that recently inaugurated US President Donald Trump has been sued for "ethics violation" by a private entity for violating the emoluments clause of the Constitution. I thought that ...
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1answer
3k views

Which presidential cabinet picks require congressional approval?

Which new presidential cabinet position require congressional approval?
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1answer
186 views

Is there any legal obligation for the POTUS to stay sober?

Obviously there is a moral obligation for the president to stay sober. However, is there any law that ensures this is the case?
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1answer
1k views

When is a person legally considered to be “President-elect” in regards to laws against threatening the President?

There have been news stories about individuals threatening to kill President-elect Donald Trump shortly after the election, such as this man who did it over Twitter. According to the news article, he ...
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1answer
315 views

Can Clinton be pardoned without being charged or convicted?

Is it possible for someone to be pardoned if they haven't been convicted or even charged with a crime?