Can a Sitting President be Arrested?

Technically, no. If the president commits a crime he will be charged. If he is convicted, he’ll be impeached and the vice president will take office. From there, the president will be tried again, this time he will get a sentencing with it. While in office the President has a security detail called the Secret Service that isolates a President from ANY threat that may come their way. If any law enforcement official dared to approach them, they could easily keep him safe from the lawman and any legal action he may want to take against the president.

The present executive branch of government has repeatedly displayed its disregard for the law of the land and has done many things outside of Constitutional Law.

The only time an arrest of a President has ever come close to happening is the Watergate scandal with Nixon, but he resigned before charges were ever brought forth. The House of Representatives has the power to impeach the president but then the Senate must convict them before any punishment can be handed out.

Once a president is impeached tried and found guilty of a crime can they be arrested, we have found one and only one person that has been specifically given the power within our government to arrest the president. The Senate Sergeant at Arms has the power to arrest anyone that violates Senate rules. The proof is in the following government website where it states: “The Sergeant at Arms is authorized to arrest and detain any person violating Senate rules, including the President of the United States.

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The Constitution isn’t silent about why the president can be removed it states: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

From this we can see that the only way to remove a president is by impeachment AND conviction of treason, bribery, high crimes or misdemeanors. This also hints to the fact that the president cannot be arrested until he has been convicted by the Senate.

It would seem conceivable that the Senate’s Sergeant at Arms can then officially arrest and imprison him. He cannot be removed from office until after he is convicted and no sitting president will ever be imprisoned as long as he has the power of the Presidency at his disposal. Logic would then suggest that no sitting president can ever be arrested until he is removed from office.

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