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It's the manhatten district attorney, cyrus Vance jr. That is running this show and he is an elected official of New York state, not under the federal justice system.
And, no, he did not resign before he was convicted.. think you need to read the story again...
On February 23, 2009, the day on which jury selection was to begin, Kent pleaded guilty to one count of obstruction of justice, and agreed to retire as judge, although it was unclear whether he would be permitted to retire rather than resign.
NY state has the power to prosecute anyone who is found to have broken ny state laws while in their state.
And, ya, state troopers, if armed with an arrest warrant could bypass secret service and handcuff the president. It might become messy as all heck, but hey, if the pres is on 5th avenue blowing away people it would already be quite messy!
First, doesnt the constitution lay out a plan as to what to do if the president is unable to carry out his duties, which if he is in jail, he is unable.
While this is indeed a part of the Constitution and therefore is now as applicable as any other part, I do think it is interesting to understand when and why it was included. Amendment 25 was included as a threat to Lyndon B. Johnson over the Vietnam War effort. Johnson was adamant about maintaining a Vietnamese presence and assistance in line with John F. Kennedy's desires before he was assassinated. There was considerable political disagreement and that led to the ability of a majority of the Cabinet members' ability to remove the President.
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
All other lines of succession are based on Congressional action allowed by the Constitution, not on the Constitution itself.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the VicePresident, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
Only in third world dictatorships would the leader of the country be allowed that much free reign with his only barrier being having some group in the govt formally removing him from office.
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
And, well...if all you are relying on is a justice dept policy saying the pres cant be indicted or arrested.... that is something the military would be I'll equipped to decide... it would be something for the courts to decide.
If a president has been arrested and jailed for murder... I kind of think he is unable to fulfill his duties? So the 25th ammendment would apply.
But... what if...