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View Poll Results: Should a sitting President be able to plead the 5th and remain as president?

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  • No

    10 66.67%
  • Yes

    5 33.33%
  • Maybe - please include your opinion

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Thread: Should a sitting President be able to plead the 5th and remain as president?

  1. #51
    Veteran Member Devil505's Avatar
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    Quote Originally Posted by Southern Dad View Post
    The point remains that he was not tried. He was never found guilty. Do you agree that in the United States of America a person is innocent until proven guilty? If so, then Richard M Nixon died an innocent man.
    Was Osama Bin Ladin an innocent man?
    Was Adolf Hitler?.....Lee Harvey Oswald?

    All of these men died without having been convicted in court of anything.
    Innocent unless proven guilty is a legal technicality and does not mean the perpetrator didn't commit the crime, right?

    Your argument is childishly ignorant. No surprise there.
    Last edited by Devil505; 15th February 2018 at 12:53 PM.
    Thanks from Puzzling Evidence

  2. #52
    New Member Slartibartfast's Avatar
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    Quote Originally Posted by Devil505 View Post
    Was Osama Bin Ladin an innocent man?
    Was Adolf Hitler?.....Lee Harvey Oswald?

    All of these men died without having been convicted in court of anything.
    Innocent unless proven guilty is a legal technicality and does not mean the perpetrator didn't commit the crime, right?

    Your argument is childishly ignorant. No surprise there.
    It's only illegal if you get caught.

  3. #53
    Veteran Member Madeline's Avatar
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    Quote Originally Posted by Puzzling Evidence View Post
    The pesidents works for "we the people." Do our bosses alow us to remain silent? Can I plead the fifth at work when I wreck the company vehicle? How about if I punch the owner's son?

    Trump works for us, we hired him.
    Wrecking a company vehicle is (usually) not a criminal act, so the 5th does not apply. Yes, an employer can fire an employee who fails to cooperate with an internal investigation. But loss of employment is not the same as incarceration.

    When the employer is the government and the matter under investigation is criminal, the 5th applies no matter what conditions the employer seeks to impose.

  4. #54
    Veteran Member Madeline's Avatar
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    Quote Originally Posted by Puzzling Evidence View Post
    Trump has an obligation to the people who got him elected and to those who must suffer through the indegnation of his unwanted presence.
    Obviously, and I think we are entitled to full disclosure of his financials.

    But nonetheless, he is a citizen and he has constitutionally guaranteed rights.

  5. #55
    Spock of Vulcan Ian Jeffrey's Avatar
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    "This brings us to the differences between legislative immunity and a pardon. They are substantial. The latter carries an imputation of guilt; acceptance a confession of it." Burdick v. United States, 236 U.S. 79, 94 (1915). However, "[l]egal scholars have questioned whether that portion of Burdick is meaningful or merely dicta." https://en.wikipedia.org/wiki/Burdic...ates#Later_use Note, though, that the footnote in the Wikipedia article does not discuss this statement (which is weird), so I do not have a scholarly source for the statement (and do not feel like searching for one).

    Thus, there is a strong argument that Nixon was guilty as a matter of law, and that this guilt was forgiven ("pardoned").
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  6. #56
    spɹɐʍʞɔɐq ʞɹɐp ǝɥʇ Puzzling Evidence's Avatar
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    Quote Originally Posted by Madeline View Post
    Wrecking a company vehicle is (usually) not a criminal act, so the 5th does not apply. Yes, an employer can fire an employee who fails to cooperate with an internal investigation. But loss of employment is not the same as incarceration.

    When the employer is the government and the matter under investigation is criminal, the 5th applies no matter what conditions the employer seeks to impose.
    I had no idea that we were discussing "legality" my point is while Trump CAN pleed he shouldn't.

  7. #57
    Veteran Member Southern Dad's Avatar
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    Quote Originally Posted by Devil505 View Post
    Was Osama Bin Ladin an innocent man?
    Was Adolf Hitler?.....Lee Harvey Oswald?

    All of these men died without having been convicted in court of anything.
    Innocent unless proven guilty is a legal technicality and does not mean the perpetrator didn't commit the crime, right?

    Your argument is childishly ignorant. No surprise there.
    Innocent until proven guilty is an American thing. If you hate the American Constitution then I guess you can't accept that way of thinking.
    Thanks from MeBelle and Madeline

  8. #58
    Veteran Member Southern Dad's Avatar
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    Quote Originally Posted by Slartibartfast View Post
    It's only illegal if you get caught.
    Ill Eagle is just a sick bird.

  9. #59
    Veteran Member Devil505's Avatar
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    Quote Originally Posted by Southern Dad View Post
    Innocent until proven guilty is an American thing.
    Logic and lack thereof is a universal thing.

  10. #60
    Moderator MeBelle's Avatar
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    Quote Originally Posted by Ian Jeffrey View Post
    Yes. That is constitutional law. If subpoenaed, he has to appear; but he does not have to say anything.


    Polls are not editable. Sorry.
    I did edit and added a third option.

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