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Guest Column: Can a sitting president be indicted under the Constitution?

first_imgCategories: Editorial, OpinionAs we enter the 13th month of special counsel Robert Mueller’s investigation of Russian involvement in the 2016 presidential election, there has been a great deal of chatter in recent weeks about whether a sitting president can be indicted.That is, can criminal charges be brought against a sitting president? Donald Trump’s legal team, most prominently Rudy Giuliani, all say no.There may be strong public policy reasons not to indict a sitting president. The special counsel’s mandate may not permit it.But what of the Constitution? Does the Constitution allow it?  Political commentators have tended to focus on the nature of the president’s office and the structure of government. The actual words of the Constitution have barely been mentioned. Let’s go to the source, the actual words of the Constitution.  A constitutional discussion must begin with the Impeachment Clause: “Judgment in Cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office or honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”The clause mentions both impeachment and indictment.It does not explicitly state that impeachment must come first, but the clause does discuss impeachment before it discusses indictment.By discussing impeachment first, did the constitutional framers intend to preclude indictment prior to the impeachment process? Or, having limited the penalties that can be imposed through the impeachment process, does the clause simply make clear that the official subject to impeachment also remains subject to the criminal process?Other provisions of the Constitution and past practice suggest the latter.The impeachment power extends beyond the president to include the vice president and “all civil Officers of the United States.”The House of Representatives has issued Articles of Impeachment – the first step in the process – at least 19 times, including against two U.S. Presidents: Andrew Johnson and Bill Clinton. Other instances include one U.S. Senator, a Cabinet member, and 15 federal judges. There is no other reference to the president regarding impeachment or indictment. This is all the more notable because the text of the Constitution does provide a limited immunity for members of Congress.“They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same.”In other words, the framers of the Constitution did not want members of Congress hauled off in cuffs while in session.The text of the Constitution does not include similar protection for a sitting president.If a president cannot face criminal charges, that conclusion must be based upon something other than the words of the Constitution.  Hermes Fernandez is senior partner, Bond at Schoeneck & King, PLLC, in Albany. He is a former assistant counsel to Gov. Mario Cuomo; former attorney, Civil Division, U.S. Justice Department, Washington, D.C. (Main Justice); and past vice president of the New York State Bar Association.More from The Daily Gazette:EDITORIAL: Thruway tax unfair to working motoristsEDITORIAL: Urgent: Today is the last day to complete the censusEDITORIAL: Beware of voter intimidationFoss: Should main downtown branch of the Schenectady County Public Library reopen?EDITORIAL: Find a way to get family members into nursing homescenter_img In at least three of those cases — the 1986 impeachment of U.S. District Judge Harry Claiborne of Nevada, the 1989 impeachment of U.S. District Judge Walter Nixon of Mississippi, and the 2009 impeachment of U.S. District Judge Samuel Kent of Texas — the judges remained on the bench following criminal convictions and were only impeached after refusing to leave office.   There are two recent prominent cases in which federal criminal charges – indictments – were brought against sitting federal officers without impeachment proceedings ever having occurred.In 2014, Staten Island Congressman Michael Grimm was indicted on multiple felony counts, pleading guilty to one. He later resigned his office. In 2015, Sen. Bob Menendez was indicted. His trial ended in a mistrial. He remains in office.The most well known example, though, is Spiro Agnew, vice president under President Richard Nixon.Agnew went so far as to file a motion in court arguing that a sitting vice president could not be indicted.Ultimately, Agnew pleaded no contest to a felony charge of tax evasion and resigned his office the same day.  The text of the Constitution makes only one special accommodation for the president regarding impeachment: “[T]he Chief Justice shall preside” at his impeachment trial.last_img read more

Foreign investors flock to Indonesian capital market as lockdown policies ease

first_imgThe European Central Bank (ECB) also launched in March its Pandemic Emergency Purchase Programme (PEPP), which has an overall fund of 750 billion euros, until the end of 2020. The money will be used to buy private and public sector securities to counter the economic impact of the COVID-19 pandemic.Investors, however, did not quickly jump at the chance of investing in high-yielding assets such as those in Indonesia following the pump from central banks, as many countries imposed mobility restrictions that brought their economies to a standstill in a bid to stop the spread of the coronavirus. Investors have regained their optimism, however, as several countries like Italy and Australia relaxed their lockdown measures, said Damhuri.“The relaxing of mobility restrictions is sparking optimism among investors that the coronavirus is under control and that the global economy is starting to emerge back to normal,” he added.Read also: Jakarta starts easing restrictions as places of worship reopenSuch optimism has sent foreign investors on a buying spree of Indonesian blue-chip banking stocks such as Bank Rakyat Indonesia (BRI), Bank Central Asia (BCA) and Bank Mandiri during the past week, driving up the JCI gains.The buying spree was caused by the fact that investors started to lower their risk perception of Indonesia’s economy even though the country has yet to fully open its economy, Trimegah economist Fakhrul Fulvian told the Post.The government’s plan to reopen some regions that are deemed safe could engender positive sentiment in the country’s capital market, said Fakhrul. Several “red zone” regions including Jakarta and West Java have continued their large-scale social restrictions (PSBB) as the numbers of confirmed coronavirus cases remain high.Damhuri warned that the government should keep a close eye on how the PSBB relaxation could also pose a threat and reverse the positive sentiment in the market.Read also: ‘I don’t think we can wait’: Business groups ready for ‘new normal’ despite risks“If the people are not disciplined, we could face a second wave of the outbreak that could lead to another PSBB in the future like what happened in South Korea,” he said.South Korea recently re-implemented strict lockdown measures in the capital Seoul until June 14 following a spike in new coronavirus cases after it allowed bars and restaurants to reopen.Damhuri went on to say that the government should conduct a thorough consideration before easing the restrictions to minimize the possibility of a second wave.Read also: Easing restrictions? Not so fast, experts sayMeanwhile, Fakhrul suggested the government reduce the country’s current account deficit (CAD) to help stabilize the economy and maintain the positive investor sentiment in the long term.Bank Indonesia (BI) recorded a CAD of US$3.9 billion, 1.4 percent of gross domestic product (GDP) in the first quarter of this year, down from 2.8 percent of GDP in the previous quarter. The narrowing deficit was caused by falling imports and a dwindling deficit in services as a result of the pandemic.Topics :  “The global market is seeing an abundance of liquidity because central banks in developed countries have been injecting money to support their economies during the COVID-19 pandemic crisis,” BNI Sekuritas economist Damhuri Nasution told The Jakarta Post.The capital inflow is therefore caused mainly by external sentiment, he added.Read also: Once taboo, investors begin to imagine negative US ratesAs the coronavirus outbreak takes its toll on the economy, the US Federal Reserve pledged in March that it would conduct large-scale purchases of Treasuries and mortgage-backed securities with an open-ended commitment as a way to pump more money into the economy, Reuters reported. Foreign investors are starting to put their money back into Indonesian assets as countries around the world begin to ease their COVID-19 restrictions, spurring hopes of a global economic recovery.Foreign investors bought a total of Rp 8 trillion (US$564.3 million) in Indonesian stocks throughout last month, Financial Services Authority (OJK) data show. In the past week alone, they bought Rp 3.39 trillion stocks more than they sold. Indonesia’s sovereign debt market also saw an influx of foreign money last month as the OJK recorded net foreign buys of Rp 7.07 trillion in May.The capital inflows boosted the rupiah 8.7 percent in the past month, reaching Rp 13,877 per United States dollar on Friday afternoon. The Jakarta Composite Index (JCI) benchmark stock gauge gained nearly 5 percent within a month. The 10-year sovereign bond yield also declined significantly to 7.1 percent from 8.02 percent in early May, indicating a decline in risk in investing in the instrument, as bond yields move in the opposite direction of stock prices.last_img read more

Former world squash champ is selling his beachfront Gold Coast home

first_img63 Jefferson Lane, Palm BeachMore from newsMould, age, not enough to stop 17 bidders fighting for this home2 hours agoBuyers ‘crazy’ not to take govt freebies, says 28-yr-old investor2 hours ago“I love to surf and kayak here. “There’s great spots from here to Currumbin to go running and cycling. It is truly an outdoors heaven to walk out the back door and be right on the beach.Mr Eyles, who was inducted into the Australian Squash Hall of Fame in 2008, said the property’s beachfront location was what stood out the most. Former squash champion Rodney Eyles is playing former Crows champion footballer Andrew Jarman before the SA Squash Open.FORMER world squash champion Rodney Eyles is taking his luxury Gold Coast beach house to auction.Mr Eyles, who won the World Open title in 1997, and his family have owned the tri-level house at 63 Jefferson Lane for the past 17 years and said he had a great love for the Gold Coast.“I love everything about the lifestyle here, everything outdoors and especially the beach,” said My Eyles, who is currently working in the US. 63 Jefferson Lane, Palm Beach“It’s been the best place in the world for our kids to grow up.”The house has four bedrooms and four bathrooms as well as three separate living areas, games room, wet bar and lift.Ray White Mermaid Beach agent Troy Dowker is marketing the property and described it as a lifestyle haven.center_img 63 Jefferson Lane, Palm Beach.It is going to auction on September 2.last_img read more

Lady Bulldogs Win On The Links Over Lady Knights

first_imgThe Batesville Lady Bulldogs Golf team defeated the South Dearborn Lady Knights @ Dearborn CC by a score of 204 to 230.Scores for Batesville.  Meredith McCreary 41, Kelly Gole 51, Isabella Stange 53, and Kendall Dickman 59.Courtesy of Bulldogs Coach Tom Meyer.last_img

Ivy Tech Community College Lawrenceburg Announces New Scholarship

first_imgLawrenceburg, IN—The Ivy Tech Community College Lawrenceburg Campus is now offering an EdOPP scholarship to adults 18+ seeking a credential or required classes for advancing employment. This scholarship was made possible in part by a $125,000 grant from the City of Lawrenceburg to help improve Lawrenceburg’s workforce and pay for a college education.Ivy Tech is awarding students on a first-come, first-served basis, up to $5,000 per student, per year. If a student receives federal or state aid, the scholarship funds will be applied to any balance after financial aid is credited. “On behalf of City Council and myself we are excited to partner with Ivy Tech to provide a great opportunity for local adults to better their personal and family situation,” said Mayor of Lawrenceburg Kelly Molluan. “We take great interest in helping our local adults with this creative initiative.”The student must also be enrolled in classes offered in the Lawrenceburg service area and can attend either full-time or part-time as there is no credit hour limit to take per semester. Individuals that already have a degree are eligible. However, Ivy Tech reserves the right to prioritize students on a case-by-case basis depending on the needs of the community. “On behalf of Ivy Tech Community College, we are extremely grateful for the generous funding provided by the City of Lawrenceburg,” Ivy Tech Lawrenceburg Chancellor Mark Graver said. “These dollars will provide scholarships for adults in our community that are interested in gaining college experience and earning a degree or credential to enhance their career goals in the local workforce.”There is no additional application for the EdOPP scholarship, but students must apply to Ivy Tech and follow the enrollment process. Students are also responsible for notifying their local Registrar’s office of their potential eligibility.last_img read more

McNamara remains stable

first_img Press Association The 37-year-old was injured in a first fence fall from Galaxy Rock in the Fulke Walwyn Kim Muir Challenge Cup and was airlifted to hospital after being treated by the on-course medics. Conscious following the fall according to officials at the track, the leading amateur rider was put in an induced coma before his transfer to Frenchay Hospital in Bristol. McNamara underwent surgery on his fractured C3 and C4 vertebrae on Friday. A statement issued by the Injured Jockeys Fund read: “JT McNamara remains stable in an induced coma in Frenchay Hospital, Bristol. “Further scans are planned and another statement will be issued as soon as there is more news. “Whilst visits to JT at the moment are not appropriate, JT’s family are extremely grateful for all the kind messages and support.” center_img JT McNamara remains in a stable condition following the serious neck injury he sustained at Cheltenham on Thursday.last_img read more

Swansea boss Monk: Gamble paid off

first_imgSwansea boss Garry Monk took a calculated selection gamble against Hull and was delighted to be rewarded with a 1-0 victory. Monk surprisingly made seven changes for the trip to the KC Stadium, with top-scorer Wilfried Bony benched in favour of Bafetimbi Gomis while Gylfi Sigurdsson, Leon Britton and Jefferson Montero were all excused duty with minor fitness niggles. With the crowded festive fixture list just starting, Monk made the tough call to provide key men with an early rest but still walked away with the points after Ki Sung-yueng inadvertently deflected Jonjo Shelvey’s shot goalwards. “Those minutes will help him hit the ground running when January comes and Bony goes away.” For the Tigers, things are becoming increasingly bleak. They are winless in 10 matches and have not scored in seven of those. Lying second bottom they are also battling a player shortage, with Jake Livermore’s fifth yellow card ruling him out of the Boxing Day trip to Sunderland and defenders Curtis Davies and Alex Bruce limping off. With Michael Dawson, Mohamed Diame and Tom Huddlestone already sitting out, Bruce is without a handful of senior men. “Today just highlighted for me the need for your big players,” he said. “I still expect a better performance than we witnessed in the second half but we’re crying out for some of our bigger players. Whether it’s injuries or suspensions we couldn’t cope without them. “You need your big established Premier League players and far too many of ours are sitting in the stands.” Bruce also revealed that SOS calls for Tom Ince and Maynor Figueroa, on loan at Cardiff and Wigan respectively, were imminent. “We’ll probably recall Incey and probably Figueroa too. We are down to 15 or 16 players who are available,” Bruce said. “I knew making those changes that people would question it but I was very confident in the group,” he said. “We have such a busy period coming up and, if you play the same 11 players in that period, that’s suicide for me. “We haven’t got the biggest squad but we have got quality. We have a way of working where everyone understands what their roles are so I had no problem putting different players in those positions. I trust them and I think that trust was shown in the game. “Some of them haven’t had a hell of a lot of game time but all credit to them, they dug in and got the result which is what it’s all about.” With Bony due to represent the Ivory Coast at January’s African Nations Cup, Gomis’ elevation gave a hint of what Swansea fans can expect in January. He was one of three players to hit the post, joining Shelvey and Hull wing-back Andy Robertson, and pleased Monk with his contribution. “Obviously we’re coming up to a period where Bony will go to the African Cup of Nations and Bafi needs game time,” he added. “That was behind my decision and I thought Bafi did very well. He’s a very good striker and could have got a couple of goals. Press Associationlast_img read more

The Latest: Berlin Marathon canceled because of virus

first_imgThe Latest: Berlin Marathon canceled because of virus June 24, 2020 Share This StoryFacebookTwitteremailPrintLinkedinRedditThe Latest on the effects of the coronavirus outbreak on sports around the world:___This year’s Berlin Marathon has been canceled following months of uncertainty caused by the coronavirus pandemic. Associated Press center_img Organizers say “after extensive examination and various discussions” they were not able to find a later date. Authorities in Germany have blocked the hosting of major events through October.The marathon was scheduled for Sept. 27.The Berlin Marathon is one of the fastest in the world. The current men’s world record was set in Berlin by Eliud Kipchoge in 2018.It will be the first year with no Berlin Marathon since the race was founded in 1974.The announcement came on the same day that the New York City Marathon was canceled. That race had been scheduled for Nov. 1. ___More AP sports: and read more

Football rides hot streak into rivalry matchup versus UCLA

first_imgJunior cornerback Iman Marshall is set to return to full action this weekend against UCLA. Photo by Austin Paik | Daily TrojanThe 11th-ranked Trojans extended their winning streak to three games last week as they defeated Colorado38-24 to clinch the Pac-12 South. USC took to the practice field Wednesday to continue preparing for its annual matchup with rival UCLA on Saturday.Focus on the BruinsHead coach Clay Helton identified three points of emphasis from Wednesday’s practice. First among them was third-down efficiency on both sides of the ball. Neither offense is particularly dangerous in these situations, as USC and UCLA rank 39th and 49th in the nation, respectively, in conversion percentage. The Trojans hold a defensive advantage, however, ranking 29th in conversion percentage allowed compared to the Bruins’ 70th.“You’re talking about a high-powered offense with UCLA,” Helton said. “Being able to get off the field is going to be critical, along with limiting their opportunities by holding onto the ball offensively.”The Trojans also focused on their special teams. USC ranks 70th in the country in special teams efficiency, while UCLA places 59th in that category. Trojan punt and kick returners have been plagued by muffs and fumbles this season, and that can’t be the case against UCLA’s offense.“Being able to set the field position in our kick coverage units is going to be imperative to try to make a long field for a very talented offense,” Helton said.Finally, Helton preached the importance of playing a clean game with as few mistakes as possible. The Trojans rank 116th in the country with 7.6 penalties per game this season, and it will be an ongoing struggle to fix mental mistakes on offense and defense. In addition, USC has 21 turnovers in 11 games on the season and has not made it through a contest without a giveaway this year.“If all of a sudden you have a couple of turnovers in this game against this offense, they can put points up on you like that,” Helton said, snapping his fingers quickly to indicate the explosiveness of the Bruins’ offense.Stopping ‘Chosen Rosen’The Bruins’ offense is led by star junior quarterback Josh Rosen, a possible No. 1 draft pick in next year’s NFL draft. Rosen has thrown for 3,094 yards and 21 touchdowns this season on a 62.2 completion percentage and 8.1 yards per attempt. The signal-caller has had to carry a UCLA squad that ranks in the bottom 10 in the country in yards allowed per game. Rosen has made a name for himself digging his team out of holes to overcome big deficits, most notably his 34-point comeback win over Texas A&M in Week 1.“He has no fear,” Helton said of Rosen. “He sees a window, he doesn’t hesitate [and] he pulls the trigger. He has the arm strength to get it there, and he’s deadly accurate.”InjuriesSenior linebacker Uchenna Nwosu returned to practice Wednesday after being held out Tuesday with a sprained ankle.“We gave him about half the practice,” Helton said. “He moved around very well.”Helton also mentioned that freshman running back Stephen Carr would most likely see an uptick in snaps this week.“He’s looked good,” Helton said. “I think he’ll be able to contribute more. He’s looking very healthy this week, and explosive.”Junior cornerback Iman Marshall is probable to play this week as he continues to recover from a sprained MCL that caused him to miss two games and limited his playing time against Colorado.Helton also said that backup quarterback Matt Fink did not practice after suffering a knee sprain running into a teammate on Tuesday, but Helton expects Fink to suit up on Saturday.last_img read more

Syracuse overcomes injury to Polina Kozyreva in 4-3 win against St. John’s

first_img Facebook Twitter Google+ Published on February 7, 2020 at 10:52 pm Contact Thomas: | @ThomasShults5 Doubles were already going poorly for Syracuse. Kim Hansen and Zeynep Erman had already lost. SU’s other two doubles partners were down in their matches to St. John’s. And then it got worse. Freshman Polina Kozyreva sprinted back to return a shot from the deuce baseline delivered by a St. John’s doubles team of Kajsa Stegrell and Gabriela Tenorio. Then she tripped, grabbed her left ankle and cried out in pain.“Are you OK?” asked Tenorio from across the net.It quickly became apparent Kozyreva wasn’t. Not only did SU have to forfeit Kozyreva and partner Sofya Treshcheva’s match — ending a chance at winning the doubles point — but also had to forfeit Kozyreva’s singles match. Syracuse eventually overcame the lost point and continued its undefeated start to the season by defeating the Red Storm, 4-3, on Friday afternoon. Going forward, though, the Orange may not have enough players to fill all three doubles pairings.“I couldn’t be prouder of the team today,” head coach Younes Limam said.  “A lot of adversity but couldn’t be prouder of how every single one of them handled it.”AdvertisementThis is placeholder textKozyreva was eventually helped to the bench by two trainers and Treshcheva, who dealt with injuries of her own last season. She walked to the corner of her court and stared at the wall in tears. Teammate Sofya Golubovskaya walked over to Treshcheva, putting her hand on her shoulder to console the sophomore. Kozyreva wept openly at the pain she was enduring in her left ankle.Treshcheva said she had never seen an injury like Kozyreva’s in all her years of competition. St. John’s coach Lauren Leo discussed her team’s new lineup with an ITA umpire, attempting to sort out the confusion of what to do next. “That was weird,” St. John’s freshmen Willa Bay Breunich remarked to teammate Stegrell. “That wasn’t expected.”Trainers found crutches while Kozyreva elevated her leg on the bench. Then, before singles, coach Younes Limam huddled his team in a serious discussion. While her team chatted, Kozyreva swung her crutches towards a chair next to the scoreboard on court four, sandwiched between her teammates matches.According to Treshcheva, Limam’s message was simple yet impactful. To fight for Kozyreva.“We’re not only teammates, we’re friends too” Hansen said. “So we were kind of worried.”Down two matches before singles even began, Syracuse quickly responded to Limam’s message. Miranda Ramirez began her match with a quick 1-0 lead. In the second game, tied 30-30, Ramirez boomed three shots deep to Milka Genkova’s backhand. After reaching the first two, Genkova stopped in her tracks on the third shot, realizing there was no point to even move for a ball she wouldn’t get to. Meanwhile on court six, Hansen pushed Najah Dawson five feet behind the baseline with thundering forehands. Quickly, Hansen jumped out to a 3-0 lead.Just as soon as it seemed SU had regrouped, momentum slid back in St. John’s favor. Top singles player Guzal Yusupova lost to Jessica Livianu, the No. 40 player in the nation (6-1, 6-1). Down three matches to zero, SU needed to win the remaining four matches to squeak out the team victory. After winning the first set 6-3 and up 3-2 in the second, Ramirez began to struggle. The senior fell behind 15-0 in the sixth game and began picking at the strings of her racket in frustration after missing a shot wide in the deuce alley that ended a 16-ball rally. “Wait, did you call that out?” Ramirez asked Genkova after another missed shot.Hansen – who defeated Dawson 6-0 in the first set – also began to sputter. The match paused for seven minutes as the two argued the score, eventually ending in a coin flip which fell in Dawson’s favor. To Hansen, the quirky college rule was new to her. After winning the first three games of the second set, the long pause in play – combined with Dawson’s slow playing style and a hurting wrist – caused Hansen to falter.“Let’s go Miranda, let’s go Kim!” cheered Kozyreva from the sideline. Through her pain, Kozyreva continued to encourage her teammates. But in the quieter moments, her discomfort was evident.“It’s like a torture,” Kozyreva told a trainer who asked the freshman to try to wiggle her toes. Her teammates did everything in their power to help Kozyreva and win the match. Fellow injured teammate Golubovskaya retrieved Kozyreva’s blue Syracuse sweatpants and team jacket, which Kozyreva draped on her legs.Soon after, Erman won her match (6-2, 6-2). Then Ramirez finished off Genkova (6-3, 6-2). After a second set battle, Hansen defeated Dawson (6-0, 6-4), finalizing the contentious match. Starting down 3-0, the Orange had tied it up, as all the pressure shifted to Treshcheva’s match against Oceane Garibel.Between tears and deep breaths, Kozyreva crossed her arms under her white long-sleeve Syracuse warmup shirt, glaring at her injured ankle. After Treshcheva secured the individual (6-2, 2-6, 6-3) and team win, 4-3, Kozyreva leaned on her crutches and exited the court. From the moment Limam huddled the team before singles, the mood was determined and focused. After the match, and the ecstasy of the win faded, reality set in. With Kozyreva and Golubovskaya injured, Syracuse doesn’t have enough players to fill all three doubles teams or all six singles matches. When asked what the plan was going forward, the answer was grim.“I have no idea right now,” said Limam. Commentslast_img read more