Hypothetical Question

[Steverino]

I first would like to preface my question by stating that this is certainly an implausibility given the timing and amount of things that would have to transpire but...

What would happen if a president-elect was convicted of a felony prior to being sworn into office as P.O.T.U.S.? Who then is the president?

Would it in fact be the vice president, same as following an impeachment hearing (like Nixon-Ford)

[GoodOlBoy]

Hrmmm. Thats a good question. It would almost fall along the lines of what would happen if people had elected a already convicted felon without knowing it, although not quite.

I would think (just me thinking out loud mind you) that you would most likely see the VP elect become the President. BUT I don't know of any place I could cite to prove that. I DO know there would be a rash of people demanding a new election. In the case of a new election under those circumstances would the sitting president remain president until the new election was over?

I dunno, but that is a danged fine question you posted.

GoodOlBoy

[Jack]

I think it's a less tricky question than it appears at first.
If a President elect was charged with a felony, a trial would certainly take time, so, I believe whoever it was would have taken office. On that premise, an impeachment would follow, and the VP would take over if the President was convicted during the impeachment trial.
I know of nothing in the Constitution that would allow for a new election.

[Steverino]

I understand what you are saying Jack and given the situation that you had spelled out, I would expect an impeachment trial followed by the VP taking the lead role.

My question is what would happen say if Obama was convicted of felony charges in a court of law (he, of course, has not been ) prior to his being sworn in as POTUS? Let's just say that he is sentenced to a six year sentence, for the sake of arguement, in..oh how about two weeks from today Tuesday December 30, 2008.


What happens???

Don't ask, my mind started wandering when looking at todays local headlines about our Illinois "illustrious" guvner

[Lilred]

Depends on who the pres is at the time....
if it's Bush...he'd be thrown UNDER the jail, stomped on and probaly beheaded.

If it was Obama, it wouldnt make no difference...lol

[Steverino]

You forgot to mention Lilred that the Bush jail would be blown to "smithereenies!"

Obama would receive some sort of international accomodation for his community awareness activities.

[Rocky Raab]

I can only say that what we common folk with common sense would do probably has no connection whatever with what the bazillion lawyers this would involve would do.

But, off the top of my head, there would be no way to declare the election invalid, because the SOB hadn't been convicted of a felony then. After the inauguration, he'd have to be impeached and removed from office. At that point, the VP would be sworn in as President, just like in the Nixon/Ford days.

But if he were convicted BEFORE the inauguration, (or if it were found that he had been ineligible to run in the first place on citizenship grounds), there could conceivably be grounds for having the election nullifed in its entirety. THAT in turn would cause yet a different Constitutional crisis because the sitting President would have to serve longer than the allowed time until a new election could be held.

Then again, if the Electoral College has not yet fully certified its results, they could simply change their own votes and proclaim a whole different winner.

Any way it tumbled, there would be legal fights for a decade or more.

[Duffy]

Forgive me if my reply pirates the thread at all, but my wife and I were discussing a similar situation: If Obama died between now and Inauguration Day, would VP-Elect Biden be sworn-in as President on Inauguration Day, or would Congress or the Supreme Court or the Electroral College, etc., have to appoint someone as President as of that day?

I would assume that Biden's "heartbeat away" status counts only after he is inaugurated as Vice President, but maybe not.

Anyone?

[Lilred]

LOL...correct you are Steverino!
Forgive me for my obvious gooberism
Duffy, you do pose a good question, and I really do not know the answer. Will be insterestin to find out, but I would think the VP would most def. get in.