Can the US president have someone sent to jail?How are Donald Trump's recent comments about Muslim immigrants unconstitutional?To what degree have Wikileaks influenced the 2016 US election?Who was the reporter to whom Donald Trump said “You're fake news”?Is it possible to make donations to the Treasury?What is this symbol doing on Donald Trump's podium?What reasons may Donald Trump have had for firing FBI Director James Comey?Do US press conferences usually include off-topic questions?What would happen if the President of the USA actually shot someone?If the office of POTUS was obtained illegally, what happens?Did any intelligence official express concerns over Trump's “Russia, if you're listening..” comment?

STM Microcontroller burns every time

Is adding a new player (or players) a DM decision, or a group decision?

In the Marvel universe, can a human have a baby with any non-human?

Are Finite Automata Turing Complete?

C-152 carb heat on before landing in hot weather?

Inverse-quotes-quine

Hot coffee brewing solutions for deep woods camping

Story-based adventure with functions and relationships

Change CPU MHz from Registry

Does the posterior necessarily follow the same conditional dependence structure as the prior?

What is the legal status of travelling with (unprescribed) methadone in your carry-on?

Why does the numerical solution of an ODE move away from an unstable equilibrium?

Should my manager be aware of private LinkedIn approaches I receive? How to politely have this happen?

Is there a maximum distance from a planet that a moon can orbit?

What do you call a weak person's act of taking on bigger opponents?

How to perform Login Authentication at the client-side?

What is the line crossing the Pacific Ocean that is shown on maps?

Require advice on power conservation for backpacking trip

Is there any evidence that the small canisters (10 liters) of 95% oxygen actually help with altitude sickness?

How risky is real estate?

Alphabet completion rate

Fetch and print all properties of an object graph as string

Character discovers anti gravity emitters, flies a shipping container into space and docks with space station

How to reply to small talk/random facts in a non-offensive way?



Can the US president have someone sent to jail?


How are Donald Trump's recent comments about Muslim immigrants unconstitutional?To what degree have Wikileaks influenced the 2016 US election?Who was the reporter to whom Donald Trump said “You're fake news”?Is it possible to make donations to the Treasury?What is this symbol doing on Donald Trump's podium?What reasons may Donald Trump have had for firing FBI Director James Comey?Do US press conferences usually include off-topic questions?What would happen if the President of the USA actually shot someone?If the office of POTUS was obtained illegally, what happens?Did any intelligence official express concerns over Trump's “Russia, if you're listening..” comment?






.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;








2















In a press conference recently, Donald Trump threatened a journalist with prison time. Is he legally able to send someone to jail?










share|improve this question
























  • Can the downvoter explain the faults and how I can improve this question please?

    – Dave Gremlin
    7 hours ago






  • 1





    I'm guessing the downvote was because the second question makes the overall question very broad. I've pruned it out so we can focus on the main question, but you can undo the edit if you want.

    – IllusiveBrian
    5 hours ago

















2















In a press conference recently, Donald Trump threatened a journalist with prison time. Is he legally able to send someone to jail?










share|improve this question
























  • Can the downvoter explain the faults and how I can improve this question please?

    – Dave Gremlin
    7 hours ago






  • 1





    I'm guessing the downvote was because the second question makes the overall question very broad. I've pruned it out so we can focus on the main question, but you can undo the edit if you want.

    – IllusiveBrian
    5 hours ago













2












2








2








In a press conference recently, Donald Trump threatened a journalist with prison time. Is he legally able to send someone to jail?










share|improve this question
















In a press conference recently, Donald Trump threatened a journalist with prison time. Is he legally able to send someone to jail?







united-states donald-trump head-of-state






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited 5 hours ago









IllusiveBrian

5,4101 gold badge15 silver badges24 bronze badges




5,4101 gold badge15 silver badges24 bronze badges










asked 8 hours ago









Dave GremlinDave Gremlin

5977 bronze badges




5977 bronze badges












  • Can the downvoter explain the faults and how I can improve this question please?

    – Dave Gremlin
    7 hours ago






  • 1





    I'm guessing the downvote was because the second question makes the overall question very broad. I've pruned it out so we can focus on the main question, but you can undo the edit if you want.

    – IllusiveBrian
    5 hours ago

















  • Can the downvoter explain the faults and how I can improve this question please?

    – Dave Gremlin
    7 hours ago






  • 1





    I'm guessing the downvote was because the second question makes the overall question very broad. I've pruned it out so we can focus on the main question, but you can undo the edit if you want.

    – IllusiveBrian
    5 hours ago
















Can the downvoter explain the faults and how I can improve this question please?

– Dave Gremlin
7 hours ago





Can the downvoter explain the faults and how I can improve this question please?

– Dave Gremlin
7 hours ago




1




1





I'm guessing the downvote was because the second question makes the overall question very broad. I've pruned it out so we can focus on the main question, but you can undo the edit if you want.

– IllusiveBrian
5 hours ago





I'm guessing the downvote was because the second question makes the overall question very broad. I've pruned it out so we can focus on the main question, but you can undo the edit if you want.

– IllusiveBrian
5 hours ago










3 Answers
3






active

oldest

votes


















7














In a word: no. The President cannot just order someone to prison.



The Fourth Amendment prohibits unreasonable search and seizure except on probable cause of a crime being committed.



The Fifth Amendment requires felony charges to be brought by a Grand Jury.



The Sixth Amendment requires trial by jury for criminal cases.






share|improve this answer























  • Also, Article 1 sections 9-10 prohibit bills (and presumably executive orders) of attainder.

    – dan04
    6 mins ago


















2














It is absolutely correct that a president cannot just point at someone and say, "Jail that person!"



What a president can do is go to the Attorney General and say, "Investigate, indict, and prosecute that person." Then the Justice Department has to attempt those things, subject of course to court and jury approval.



I've heard even private citizens threaten to have someone thrown in jail. In general it just means that the person is going to make a legal complaint that they expect law enforcement will investigate and proceed accordingly.






share|improve this answer






























    0














    The President is not a Law Enforcement Officer, so he cannot personally place someone under anything other than citizen's arrest. However, he could possibly order one of the uniformed officers in the Secret Service standing outside the door to arrest the journalist. In this case, the officers could reason that they had probable cause to arrest the journalist under 41 CFR 102-74.420, which carves out photograph permission exceptions where "...security regulations, rules, orders, or directives apply or a Federal court order or rule prohibits it..." (with the rest being mostly permissive to taking photographs for news/non-commercial purposes inside federal facilities), under the theory that the President's forbidding of taking such a photograph counts as a "security order." Under County of Riverside v. McLaughlin, they could then hold the journalist for up to 48 hours in jail before having to release them. It's questionable whether the US Attorney for DC would be willing to follow up on those charges - the President could theoretically pressure her to do so, but it's unlikely the judge would allow further incarceration since the charges are highly unlikely to prevail. With that said, the President would have succeeded in holding the journalist in jail for 48 hours (assuming the journalist's lawyer is not able to get a court order ending the incarceration early).



    The officers could then be charged and/or sued for depriving the journalist of their civil rights, arguing that the arrest was unlawful. There would likely be a strong case.






    share|improve this answer

























      Your Answer








      StackExchange.ready(function()
      var channelOptions =
      tags: "".split(" "),
      id: "475"
      ;
      initTagRenderer("".split(" "), "".split(" "), channelOptions);

      StackExchange.using("externalEditor", function()
      // Have to fire editor after snippets, if snippets enabled
      if (StackExchange.settings.snippets.snippetsEnabled)
      StackExchange.using("snippets", function()
      createEditor();
      );

      else
      createEditor();

      );

      function createEditor()
      StackExchange.prepareEditor(
      heartbeatType: 'answer',
      autoActivateHeartbeat: false,
      convertImagesToLinks: false,
      noModals: true,
      showLowRepImageUploadWarning: true,
      reputationToPostImages: null,
      bindNavPrevention: true,
      postfix: "",
      imageUploader:
      brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
      contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
      allowUrls: true
      ,
      noCode: true, onDemand: true,
      discardSelector: ".discard-answer"
      ,immediatelyShowMarkdownHelp:true
      );



      );













      draft saved

      draft discarded


















      StackExchange.ready(
      function ()
      StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f42357%2fcan-the-us-president-have-someone-sent-to-jail%23new-answer', 'question_page');

      );

      Post as a guest















      Required, but never shown

























      3 Answers
      3






      active

      oldest

      votes








      3 Answers
      3






      active

      oldest

      votes









      active

      oldest

      votes






      active

      oldest

      votes









      7














      In a word: no. The President cannot just order someone to prison.



      The Fourth Amendment prohibits unreasonable search and seizure except on probable cause of a crime being committed.



      The Fifth Amendment requires felony charges to be brought by a Grand Jury.



      The Sixth Amendment requires trial by jury for criminal cases.






      share|improve this answer























      • Also, Article 1 sections 9-10 prohibit bills (and presumably executive orders) of attainder.

        – dan04
        6 mins ago















      7














      In a word: no. The President cannot just order someone to prison.



      The Fourth Amendment prohibits unreasonable search and seizure except on probable cause of a crime being committed.



      The Fifth Amendment requires felony charges to be brought by a Grand Jury.



      The Sixth Amendment requires trial by jury for criminal cases.






      share|improve this answer























      • Also, Article 1 sections 9-10 prohibit bills (and presumably executive orders) of attainder.

        – dan04
        6 mins ago













      7












      7








      7







      In a word: no. The President cannot just order someone to prison.



      The Fourth Amendment prohibits unreasonable search and seizure except on probable cause of a crime being committed.



      The Fifth Amendment requires felony charges to be brought by a Grand Jury.



      The Sixth Amendment requires trial by jury for criminal cases.






      share|improve this answer













      In a word: no. The President cannot just order someone to prison.



      The Fourth Amendment prohibits unreasonable search and seizure except on probable cause of a crime being committed.



      The Fifth Amendment requires felony charges to be brought by a Grand Jury.



      The Sixth Amendment requires trial by jury for criminal cases.







      share|improve this answer












      share|improve this answer



      share|improve this answer










      answered 7 hours ago









      Joe CJoe C

      4,0366 silver badges32 bronze badges




      4,0366 silver badges32 bronze badges












      • Also, Article 1 sections 9-10 prohibit bills (and presumably executive orders) of attainder.

        – dan04
        6 mins ago

















      • Also, Article 1 sections 9-10 prohibit bills (and presumably executive orders) of attainder.

        – dan04
        6 mins ago
















      Also, Article 1 sections 9-10 prohibit bills (and presumably executive orders) of attainder.

      – dan04
      6 mins ago





      Also, Article 1 sections 9-10 prohibit bills (and presumably executive orders) of attainder.

      – dan04
      6 mins ago













      2














      It is absolutely correct that a president cannot just point at someone and say, "Jail that person!"



      What a president can do is go to the Attorney General and say, "Investigate, indict, and prosecute that person." Then the Justice Department has to attempt those things, subject of course to court and jury approval.



      I've heard even private citizens threaten to have someone thrown in jail. In general it just means that the person is going to make a legal complaint that they expect law enforcement will investigate and proceed accordingly.






      share|improve this answer



























        2














        It is absolutely correct that a president cannot just point at someone and say, "Jail that person!"



        What a president can do is go to the Attorney General and say, "Investigate, indict, and prosecute that person." Then the Justice Department has to attempt those things, subject of course to court and jury approval.



        I've heard even private citizens threaten to have someone thrown in jail. In general it just means that the person is going to make a legal complaint that they expect law enforcement will investigate and proceed accordingly.






        share|improve this answer

























          2












          2








          2







          It is absolutely correct that a president cannot just point at someone and say, "Jail that person!"



          What a president can do is go to the Attorney General and say, "Investigate, indict, and prosecute that person." Then the Justice Department has to attempt those things, subject of course to court and jury approval.



          I've heard even private citizens threaten to have someone thrown in jail. In general it just means that the person is going to make a legal complaint that they expect law enforcement will investigate and proceed accordingly.






          share|improve this answer













          It is absolutely correct that a president cannot just point at someone and say, "Jail that person!"



          What a president can do is go to the Attorney General and say, "Investigate, indict, and prosecute that person." Then the Justice Department has to attempt those things, subject of course to court and jury approval.



          I've heard even private citizens threaten to have someone thrown in jail. In general it just means that the person is going to make a legal complaint that they expect law enforcement will investigate and proceed accordingly.







          share|improve this answer












          share|improve this answer



          share|improve this answer










          answered 6 hours ago









          BrythanBrythan

          74.7k8 gold badges162 silver badges255 bronze badges




          74.7k8 gold badges162 silver badges255 bronze badges





















              0














              The President is not a Law Enforcement Officer, so he cannot personally place someone under anything other than citizen's arrest. However, he could possibly order one of the uniformed officers in the Secret Service standing outside the door to arrest the journalist. In this case, the officers could reason that they had probable cause to arrest the journalist under 41 CFR 102-74.420, which carves out photograph permission exceptions where "...security regulations, rules, orders, or directives apply or a Federal court order or rule prohibits it..." (with the rest being mostly permissive to taking photographs for news/non-commercial purposes inside federal facilities), under the theory that the President's forbidding of taking such a photograph counts as a "security order." Under County of Riverside v. McLaughlin, they could then hold the journalist for up to 48 hours in jail before having to release them. It's questionable whether the US Attorney for DC would be willing to follow up on those charges - the President could theoretically pressure her to do so, but it's unlikely the judge would allow further incarceration since the charges are highly unlikely to prevail. With that said, the President would have succeeded in holding the journalist in jail for 48 hours (assuming the journalist's lawyer is not able to get a court order ending the incarceration early).



              The officers could then be charged and/or sued for depriving the journalist of their civil rights, arguing that the arrest was unlawful. There would likely be a strong case.






              share|improve this answer



























                0














                The President is not a Law Enforcement Officer, so he cannot personally place someone under anything other than citizen's arrest. However, he could possibly order one of the uniformed officers in the Secret Service standing outside the door to arrest the journalist. In this case, the officers could reason that they had probable cause to arrest the journalist under 41 CFR 102-74.420, which carves out photograph permission exceptions where "...security regulations, rules, orders, or directives apply or a Federal court order or rule prohibits it..." (with the rest being mostly permissive to taking photographs for news/non-commercial purposes inside federal facilities), under the theory that the President's forbidding of taking such a photograph counts as a "security order." Under County of Riverside v. McLaughlin, they could then hold the journalist for up to 48 hours in jail before having to release them. It's questionable whether the US Attorney for DC would be willing to follow up on those charges - the President could theoretically pressure her to do so, but it's unlikely the judge would allow further incarceration since the charges are highly unlikely to prevail. With that said, the President would have succeeded in holding the journalist in jail for 48 hours (assuming the journalist's lawyer is not able to get a court order ending the incarceration early).



                The officers could then be charged and/or sued for depriving the journalist of their civil rights, arguing that the arrest was unlawful. There would likely be a strong case.






                share|improve this answer

























                  0












                  0








                  0







                  The President is not a Law Enforcement Officer, so he cannot personally place someone under anything other than citizen's arrest. However, he could possibly order one of the uniformed officers in the Secret Service standing outside the door to arrest the journalist. In this case, the officers could reason that they had probable cause to arrest the journalist under 41 CFR 102-74.420, which carves out photograph permission exceptions where "...security regulations, rules, orders, or directives apply or a Federal court order or rule prohibits it..." (with the rest being mostly permissive to taking photographs for news/non-commercial purposes inside federal facilities), under the theory that the President's forbidding of taking such a photograph counts as a "security order." Under County of Riverside v. McLaughlin, they could then hold the journalist for up to 48 hours in jail before having to release them. It's questionable whether the US Attorney for DC would be willing to follow up on those charges - the President could theoretically pressure her to do so, but it's unlikely the judge would allow further incarceration since the charges are highly unlikely to prevail. With that said, the President would have succeeded in holding the journalist in jail for 48 hours (assuming the journalist's lawyer is not able to get a court order ending the incarceration early).



                  The officers could then be charged and/or sued for depriving the journalist of their civil rights, arguing that the arrest was unlawful. There would likely be a strong case.






                  share|improve this answer













                  The President is not a Law Enforcement Officer, so he cannot personally place someone under anything other than citizen's arrest. However, he could possibly order one of the uniformed officers in the Secret Service standing outside the door to arrest the journalist. In this case, the officers could reason that they had probable cause to arrest the journalist under 41 CFR 102-74.420, which carves out photograph permission exceptions where "...security regulations, rules, orders, or directives apply or a Federal court order or rule prohibits it..." (with the rest being mostly permissive to taking photographs for news/non-commercial purposes inside federal facilities), under the theory that the President's forbidding of taking such a photograph counts as a "security order." Under County of Riverside v. McLaughlin, they could then hold the journalist for up to 48 hours in jail before having to release them. It's questionable whether the US Attorney for DC would be willing to follow up on those charges - the President could theoretically pressure her to do so, but it's unlikely the judge would allow further incarceration since the charges are highly unlikely to prevail. With that said, the President would have succeeded in holding the journalist in jail for 48 hours (assuming the journalist's lawyer is not able to get a court order ending the incarceration early).



                  The officers could then be charged and/or sued for depriving the journalist of their civil rights, arguing that the arrest was unlawful. There would likely be a strong case.







                  share|improve this answer












                  share|improve this answer



                  share|improve this answer










                  answered 6 hours ago









                  IllusiveBrianIllusiveBrian

                  5,4101 gold badge15 silver badges24 bronze badges




                  5,4101 gold badge15 silver badges24 bronze badges



























                      draft saved

                      draft discarded
















































                      Thanks for contributing an answer to Politics Stack Exchange!


                      • Please be sure to answer the question. Provide details and share your research!

                      But avoid


                      • Asking for help, clarification, or responding to other answers.

                      • Making statements based on opinion; back them up with references or personal experience.

                      To learn more, see our tips on writing great answers.




                      draft saved


                      draft discarded














                      StackExchange.ready(
                      function ()
                      StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f42357%2fcan-the-us-president-have-someone-sent-to-jail%23new-answer', 'question_page');

                      );

                      Post as a guest















                      Required, but never shown





















































                      Required, but never shown














                      Required, but never shown












                      Required, but never shown







                      Required, but never shown

































                      Required, but never shown














                      Required, but never shown












                      Required, but never shown







                      Required, but never shown







                      Popular posts from this blog

                      Invision Community Contents History See also References External links Navigation menuProprietaryinvisioncommunity.comIPS Community ForumsIPS Community Forumsthis blog entry"License Changes, IP.Board 3.4, and the Future""Interview -- Matt Mecham of Ibforums""CEO Invision Power Board, Matt Mecham Is a Liar, Thief!"IPB License Explanation 1.3, 1.3.1, 2.0, and 2.1ArchivedSecurity Fixes, Updates And Enhancements For IPB 1.3.1Archived"New Demo Accounts - Invision Power Services"the original"New Default Skin"the original"Invision Power Board 3.0.0 and Applications Released"the original"Archived copy"the original"Perpetual licenses being done away with""Release Notes - Invision Power Services""Introducing: IPS Community Suite 4!"Invision Community Release Notes

                      Canceling a color specificationRandomly assigning color to Graphics3D objects?Default color for Filling in Mathematica 9Coloring specific elements of sets with a prime modified order in an array plotHow to pick a color differing significantly from the colors already in a given color list?Detection of the text colorColor numbers based on their valueCan color schemes for use with ColorData include opacity specification?My dynamic color schemes

                      Ласкавець круглолистий Зміст Опис | Поширення | Галерея | Примітки | Посилання | Навігаційне меню58171138361-22960890446Bupleurum rotundifoliumEuro+Med PlantbasePlants of the World Online — Kew ScienceGermplasm Resources Information Network (GRIN)Ласкавецькн. VI : Літери Ком — Левиправивши або дописавши її