Asked in Constitutional Law for Florida

Q: If Hillary wins the election and then gets indicted. Does Obama stay in office?? Who becomes the new president?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Before she could be removed from office, she would first have to be impeached by the House of Representatives (as her husband was), and then convicted by the Senate (as President Bill Clinton was not). If that would occur, the vice president (Tim Kayne in your hypothetical scenario) would take the office of president.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: And no, an indictment, or even a conviction pursuant to such an indictment, would not disqualify her from becoming president on January 20th, should she be elected. In any event, no, Obama would not continue in office.

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