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TopicPolitics Containment Topic 248: a Perfect impeachment hearing
red sox 777
11/15/19 4:19:27 PM
#205:


Jakyl25 posted...
Kind of the same principle as the theory that the President cant plead the 5th because he cant be criminally charged, and thus cant incriminate himself


That's really interesting. I like it.

I suppose it turns on whether the President can't be criminally charged because there is no one to charge him in our current system as it stands, or if he could not be criminally charged in all conceivable systems under the current Constitution.

That is, suppose Congress passed a law bringing back the office of the independent counsel - a law enforcement office that operates independently of the President and does not answer to him - would that be constitutional? If it would, then I think the President should retain his 5th Amendment right to remain silent, because his admission of crimes could well lead Congress to pass this law and then his words would be used against him.
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