"America is great because she is good.
  If America ceases to be good, America will  cease to be great," wrote French political
  scientist Alexis de Tocqueville in his 1835  book, "Democracy in America".
  The USA, he believed, offered equality that  was not seen in other nations.
  The founding fathers of the U.S. had created  a form of ruling that was not able to be tyrannical,
  that was chosen by the people and served the  people, and if it failed to do so it would
  be removed.
  This America was a long way from absolute  monarchies and from authoritarian government
  presided over by powerful dictators.
  It was supposed to embody what Thomas Jefferson  wrote in the U.S Declaration of Independence,
  that, "all men are created equal."
  With that in mind, welcome to this episode  of the Infographics Show, Can a U.S. President
  Go to Jail?
  If all men are created equal, perhaps that  means that all men should be treated as equals
  when it comes to matters of justice.
  That's why there are laws, and no people  in a democracy should be immune to punishment.
  We could argue that the scales of justice  do seem to be tipped in favor of those that
  have more money, to avoid close scrutiny by  law enforcement or to hire brilliant legal
  teams to perhaps undo wrongdoings.
  Notwithstanding the sometimes mindboggling  chicanery a very wealthy person might employ
  to get them out of trouble, everyone in the  USA should be answerable to the same laws.
  This must mean an American president can surely  go to jail, or prison.
  Just so you know, jail and prison are sometimes  interchangeable words, but in the USA, jail
  is usually the place you go to for a short  stint before you have a court hearing or you're
  just serving a very short sentence.
  Prison is the place you go to after you've  been convicted of a crime.
  Ok, so first of all, a "What If" question.
  What if a U.S. President lost his mind and  ran out of the White House stark naked and
  then started plunging a recently-procured  White House kitchen knife into astounded tourists?
  Could that President be charged and convicted  of a number of crimes, say, attempted murder,
  murder, and perhaps public indecency.
  It's not all that simple.
  When the writers of the constitution drafted  their timeless piece, they had to think of
  what would happen if a president went off  the rails and committed a crime, or crimes.
  Such wrongdoing, they said, might be "Treason,  Bribery, or other High Crimes and misdemeanors."
  If that should happen, they said, first there  would be impeachment by the House of Representatives
  and then it would be up to the Senate to convict  the wrongdoer.
  What this could mean is while the president  is still in power, he can't be indicted,
  meaning the cops couldn't just turn up outside  the White House, taser the wayward leader,
  and detain him in one the city's finest  jails until he had his day in court.
  He first would have to be impeached and then  removed from office.
  That would take some time.
  After he has been removed, according to the  constitution, he, or she, will "be liable
  and subject to Indictment, Trial, Judgment  and Punishment, according to Law."
  But it is complicated.
  If we look at the crime we described, it is  perhaps too unbelievable to even discuss.
  But would he be prosecuted if it happened?
  One professor at Yale wrote this, "The framers  implicitly immunized a sitting president from
  ordinary criminal prosecution."
  So again, he would have to be impeached first.
  We don't really know what would happen in  this case; perhaps an assumed enemy would
  be blamed for somehow being able to control  the mind of the president.
  We can safely say the President would be removed  from active duties, although somewhere along
  the proceedings the public would be told something  nefarious had happened.
  He'd probably be judged insane as a result  of dark outside influences.
  We really don't know, and unfortunately  no sources online have discussed the possibility
  of such a heinous crime.
  But this is an extreme case, so let's look  at something more down-to-Earth.
  If we look at what was called high crime,  that's different.
  High crimes are usually things like perjury,  bribery, abuse of power.
  These things we certainly can imagine a president  doing.
  According to U.S. legal scholar, Ronald Rotunda,  if the President committed one of these high
  crimes, he'd face the law.
  Rotunda wrote, while investigating former  President Clinton, "It is proper, constitutional,
  and legal for a federal grand jury to indict  a sitting president for serious criminal acts
  that are not part of, and are contrary to,  the president's official duties.
  In this country, no one, even President Clinton,  is above the law."
  Still, others disagree.
  Time magazine in 2018 featured a story written  by the former principal lawyer for Vice President
  Spiro Agnew.
  He wrote, "An imperial Presidency was the  worst fear of the Founders."
  As we said, the founders knew tyranny was  always bound to happen when one person, or
  group, had too much power and attendant impunity.
  The constitution had to preclude that this  tyranny, or corruption, never could happen.
  The writer states again that first the president  would have to be impeached, then removed,
  and he would then possibly face prison.
  It's just never happened.
  The Atlantic also wrote a story in 2018, asking  if a sitting president could be indicted.
  That writer said there was no clear answer.
  He decided to ask the question to six well-known  legal scholars, regarding if a sitting president
  could be indicted.
  Four answered.
  Three said no and one said yes.
  The writer turned to academics, and many answers  came back, some saying that indicting a president
  would just be too disruptive.
  Another disagreed, saying the constitution  was written so that such a disruption, when
  needed, could occur.
  Another said that no expert can answer the  question, stating that one could only have
  an opinion on this matter.
  There is no airtight legal framework that  can guarantee an answer.
  We apologize that we can't ascertain a clear  answer to the question in this show, but it
  seems there is nobody out there who knows.
  The constitution was written so that a president  could face the law as you and I do, but while
  in office it would seem that indicting a president  would be very hard to do.
  That seems wrong to some, because if the founders  had wanted to give immunity to presidents,
  that would have explicitly been written into  the constitution.
  Perhaps the constitution should have some  small print where it says, "All men are
  created equal."
  In that small print we can read, "Subject  to change without notice.
  Not applicable outside of warranty."
  Is that too cynical?
  What do you think about all this?
  Tell us in the comments.
  Also, be sure to check out our other show  The President's Escape Plan If The US Is Attacked.
  Thanks for watching, and as always, don't  forget to like, share and subscribe.
  See you next time.
     
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