Interesting question I saw on Digg...

[hsmith]

Who can arrest the President?

Lets assume he shoots a man. Something like that.

Does anyone have the power to? The consitution specifically states no congressman can be arrested on congressional business, but I don't know of anything about the president.

[nbiggershaft]

Originally Posted by hsmith

Who can arrest the President?

Lets assume he shoots a man. Something like that.

Does anyone have the power to? The consitution specifically states no congressman can be arrested on congressional business, but I don't know of anything about the president.

All I know is he can't be charged until he is impeached. My guess is a marshal would have to serve his impeachment warrent if such a thing exists.

[7960]

Police *would* arrest him. Later it'd probably come out that they "weren't allowed" to but by then it would be too late... same for diplomats. Police bring them downtown when they commit crimes and wait for someone to say "release him."




edit: google to the rescue

The President is not exempt from the law, so he can be legally arrested for the same reasons as any other person in the United States. (The Supreme Court so found in relation to the recent unpleasantness related to the current President's affairs. The President's lawyers argued that he could not be made to testify on a lawsuit while he was President. The Supreme Court decreed otherwise, stating that the President was not exempted from the laws that applied to all citizens.)

The practicalities involved may be something else. The President is protected by the Secret Service, and it is not likely that any law officer will be allowed to simply walk up to the President and place him under arrest. If it ever came to arresting the President, it would be a very delicate situation. In my opinion, the matter would be legally dragged out so that any actual arrest (if justified) would take place after the President leaves office, either after the end of the term, resignation, or removal from office as a result of impeachment actions.

One thing that may be somewhat confusing is that the Constitution protects members of Congress (Representatives and Senators) from arrest while they are on their way to Congress or while performing their duties. In the Washington, D.C., area this privilege sometimes comes into play - a Senator has refused to abide by the HOV rules while he drives to the Capitol, and there is nothing that the police can do about it; Senator Byrd of W. Va. recently waived his immunity in this regard when he hit another vehicle from behind.

AskMe: Can the President get arrested?

[Kytro]

So senators can speed to work?

[Phantom]

Originally Posted by Kytro

So senators can speed to work?

yep

[7960]

Originally Posted by Phantom

yep

but when the session is done (that night) they can be issued a speeding ticket.

[RMNIXON]

Good question? I don't know! The constitution talks about impeachable offence, like treason. But if he just a shoots someone? I guess since the Judicial branch is seperate they could direct the FBI or justice department to take action?

[7960]

Originally Posted by RMNIXON

Good question? I don't know! The constitution talks about impeachable offence, like treason. But if he just a shoots someone? I guess since the Judicial branch is seperate they could direct the FBI or justice department to take action?

if the president shot someone he'd be impeached and then tried.
during the time in between he'd probably be free.

[SpicyMcVoodoo]

Originally Posted by hsmith

Who can arrest the President?

There is only one man who has the power...Chuck Norris.