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Can President be Arrestedor?

Interesting question raised by Orly Taitz on her blog today, in the article:

Can President Be Arrestedor [sic] Don’t let America Turn into another Sodom and Gomorrah

Let’s hope some kind soul tells her about the typo. And someone tell her that the definite article “the” is required before “President” in this construct (they don’t have definite articles in Russian).

The more interesting point is Orly’s suggestion that it only takes one brave law enforcement officer, who buys her view of the world, to arrest the President. She says:

Power of arrest of US citizens, including the president (he is not above the law) is in the hands of each and every branch of law enforcement: police, military police, FBI, Secret Service, Sheriff, Marshals and so on.

As I have said, Obama needs to win each and every battle; we need to win only once. We need one decent person in this country, who will review the evidence and will issue a subpoena for production of all of his vital records. If he doesn’t comply and doesn’t release those records, he is in contempt of court and can be arrested and tried by any law enforcement.

Orly, having ample experience with defeats in the court knows that it takes more than issuing a subpoena, as has been done already to no avail by Gary Kreep and Phil Berg.

Also glossed over is the matter of jurisdiction. Her buddy from Texas would have a hard time arresting Obama in Washington, DC. Indeed the whole concept of actually arresting a president raises many questions in an area where there are no precedents.

Update

According to US Attorney General opinions, the President cannot be arrested.

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19 Responses to Can President be Arrestedor?

  1. avatar
    Mary Brown April 25, 2009 at 2:21 pm #

    I read this as well. Maybe they will find some officer who buys into this. It would be interesting to see how this person would be greeted at the White House gates. What is the law regarding a president and an indictment? I always thought for some reason that the President had to be impeached first. But I have no reason for that belief.

  2. avatar
    kimba April 25, 2009 at 2:23 pm #

    Looks like the birther movement is going to die with a whimper. Orly is becoming a caricature and a laughing stock. Donofrio has dropped out. Berg was spanked. Carl Swensson and Bob Campbell are struggling to attract “grand jurors”. One month today since their Big Georgia indictment and no takers. (and has anyone ever heard of having to shop around an indictment?)

  3. avatar
    kimba April 25, 2009 at 2:26 pm #

    http://www.usdoj.gov/olc/sitting_president.htm

  4. avatar
    Dr. Conspiracy April 25, 2009 at 3:47 pm #

    Remarkably this was posted on Orly’s blog and passed moderation.

    eagleeye says:
    April 25, 2009 at 12:13 pm

    Sitting Presidents are immune from indictment and criminal prosecution. This is why no US attorney is interested in your dossiers. But a former President who has been impeached and convicted by the Congress may be indicted and prosecuted for the crimes for which he was impeached and convicted. Your only path for removing Obama from office is by convincing a majority of the House to impeach him and 2/3 of the Senate to convict him.

    http://www.usdoj.gov/olc/sitting_president.htm
    http://www.usdoj.gov/olc/expresident.htm

  5. avatar
    meson April 25, 2009 at 4:13 pm #

    Looks like she has decided they don’t even need a law enforcement officer to arrest him now….her latest post!

    I got an e-mail from a reader Carole Hugenberg, in regards to a citizen’s arrest of a president and reference to Wikipedia.

    While Wicked Pedia can be wrong on some touchy subjects, they are correct on this one. Every person can be arrested by citizens of this country, if he is committing felony. Forgery of documents, perjury, social security fraud are all felonies and BO can be arrested by the citizens of this country. He is not above the law. The only state that does not officially allow citizens arrest, is North Carolina. If BO doesn’t intend on sitting for the rest of his term in NC, he can be arrested by the citizens of this country.”

  6. avatar
    Dr. Conspiracy April 25, 2009 at 4:21 pm #

    Orly has a Black Belt. Why doesn’t she go arrest him herself?

  7. avatar
    NBC April 25, 2009 at 4:44 pm #

    Fascinating, a citizen arresting the President of the United States…
    What are the sentencing guidelines for assault of a federal officer? Perhaps even a conspiracy charge? Opens up a whole new set of possibilities for those making these suggestions, especially when they are lawyers.
    I can’t wait to see how this will play out

  8. avatar
    Gordon April 26, 2009 at 11:04 pm #

    The visceral racism is palpable. Orly herself is only going to go so far in order to keep her name on the radar screen, but other, less stable individuals will not be able to contain their disapointment at Obama remaining in office.

  9. avatar
    Bob Weber April 27, 2009 at 5:52 pm #

    Unless you are a law officer, you can arrest only if you catch a perpetrator in the act , or if an legal arrest warrant has been issued (sorry, “citizens grand juries” don’t count). You cannot arrest on suspicion, as a law officer can.

  10. avatar
    Mark April 27, 2009 at 7:11 pm #

    This MUST be a joke.

    “tried by any law enforcement.”

    Last entry at your link

    “sir, I need to ask you a question about the USCG, can you call me 949-683-5411?”

    Too funny, maybe the Coast Guard can find the damned thing.

  11. avatar
    DH April 28, 2009 at 1:49 am #

    Oh god. Check out this comment from Orly:

    “I got citizen’s grand jury indictments, however the attorney generals are not trying him. So, we need citizens trials and most importantly enforcement. We need every citizen joining citizens militia. It is a legal entity and will be important in the time of epidemic”

    http://www.orlytaitzesq.com/blog1/?p=340&cpage=1#comment-399

  12. avatar
    Paul Pieniezny April 28, 2009 at 7:07 am #

    Actually, “arrestedor” may not be a misprint. I know some automatic translation programs from Russian into English use “or” as the “translation” of the Russian interrogative “li”. Seems the Russian version was “арестован ли”. It is perhaps notweorthy that she is emphasizing the word arrest, not the word “President”. So the meaning is not “Can even the President be arrested?” but “What can we do the President, can we even arrest him?” Seems like Oily may have received an automatic translating program from her husband, but that he did not teach her how to use it – and did not tell her to use a spellchecker afterwards.

  13. avatar
    Joyce April 28, 2009 at 11:40 am #

    “…we need citizens trials and most importantly enforcement. We need every citizen joining citizens militia.”

    Egad!

    I’m wondering when Orly will be arrestedor.

  14. avatar
    shellyscorner May 10, 2009 at 11:28 pm #

    Seeing as how we’re talking typo’s…or not…..Oily?

  15. avatar
    shellyscorner May 10, 2009 at 11:37 pm #

    I truly pity the poor police officer who would even try to arrest the president! He/She wouldn’t be employed for very long…

    Oh….and if Orly really believes that the President is NOT above the law….then Orly needs a wake up call. I know that AT LEAST the last TWO presidents partook in arrestable behaviors!

  16. avatar
    Arliss November 26, 2009 at 10:01 am #

    These idiots did not learn a thing from the Bush admin. That a sitting US President CANNOT be arrested and tried in open court!
    ONLY Congress can remove a sitting President!

  17. avatar
    Dr. Conspiracy November 26, 2009 at 10:12 am #

    Thanks, I went back and updated the article with the reference to why a sitting president cannot be arrested.

    http://www.usdoj.gov/olc/sitting_president.htm

  18. avatar
    Scientist November 26, 2009 at 12:04 pm #

    DrC-What do you think would have happened if Clinton had simply refused to be deposed in the Paula Jones lawsuit while in office and the judge had found him in contempt?

  19. avatar
    Dr. Conspiracy November 26, 2009 at 6:40 pm #

    I suppose the court could have fined him, but not put him in jail.