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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?






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2















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










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  • 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






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edited 5 hours ago









IllusiveBrian

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asked 8 hours ago









Dave GremlinDave Gremlin

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  • 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

























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      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



























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