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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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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
add a comment |
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
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
add a comment |
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
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
united-states donald-trump head-of-state
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
add a comment |
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
add a comment |
3 Answers
3
active
oldest
votes
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.
Also, Article 1 sections 9-10 prohibit bills (and presumably executive orders) of attainder.
– dan04
6 mins ago
add a comment |
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.
add a comment |
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.
add a comment |
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3 Answers
3
active
oldest
votes
3 Answers
3
active
oldest
votes
active
oldest
votes
active
oldest
votes
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.
Also, Article 1 sections 9-10 prohibit bills (and presumably executive orders) of attainder.
– dan04
6 mins ago
add a comment |
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.
Also, Article 1 sections 9-10 prohibit bills (and presumably executive orders) of attainder.
– dan04
6 mins ago
add a comment |
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.
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.
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
add a comment |
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
add a comment |
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.
add a comment |
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.
add a comment |
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.
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.
answered 6 hours ago
BrythanBrythan
74.7k8 gold badges162 silver badges255 bronze badges
74.7k8 gold badges162 silver badges255 bronze badges
add a comment |
add a comment |
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.
add a comment |
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.
add a comment |
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.
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.
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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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