01-24-2017, 10:11 AM
(01-24-2017, 01:24 AM)Benton Wrote: Clinton had a civil suit brought against him during his time in the Oral Office. To the best of my knowledge a criminal charge hasn't been filed against a sitting president. And, it should be noted, no criminal charges have been filed against Trump, either.
Obama did, too. Or maybe Boehner dropped it, I can't remember the details now.
Regardless, the concept being thought of here is known as sovereign immunity. The sovereign, in the case of the US, is the federal government. A suit can be brought against an official because they are not the government/sovereign. So, for instance, in this scenario the case is brought against President Donald J. Trump, but it is not brought against the Office of the President of the United States. There is a difference there that distinguishes whether the suit would fall under sovereign immunity or not.
Now, the government can waive sovereign immunity. Much like executive privilege, sometimes it is more politically advantageous to do so and have the battle fought in the courts where all is laid out on the table. But this case would not fall under sovereign immunity, anyway.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
