The Courts order the arrest of the President. He orders the Marines to resist. What do you do?

2018-01-25T23:19:20-05:00

Response by SGM Steve Wettstein made Jan 25 at 2018 11:21 PM

2018-01-25T23:21:25-05:00

I believe sitting presidents get impeached not arrested. But if the crime is bad enough and for some reason they are supposed to get arrested you follow a lawful order and do your duty. Not going to play hypotheticals.

Response by PFC Private RallyPoint Member made Jan 25 at 2018 11:21 PM

2018-01-25T23:21:50-05:00

SSG Edward Tilton Well if there is court order then it's legally binding and thus the president would be removed from authority so his orders are no longer lawful if that's the case.

Response by SSG Jessica Bautista made Jan 25 at 2018 11:36 PM

2018-01-25T23:36:03-05:00

Eye-roll as the Marines take him away.

Response by Sgt Private RallyPoint Member made Jan 25 at 2018 11:41 PM

2018-01-25T23:41:33-05:00

This situation is not going to come about. I have enjoyed RallyPoint the last couple of months because the political posts have had a sharp reduction. Politics is a divisive topic that I would like to see banned from RallyPoint. We are at our best, when we are assisting our fellow brothers and sisters, either active duty, veterans, or the men and women that are potential recruits.

Response by SSG Edward Tilton made Jan 25 at 2018 11:41 PM

2018-01-25T23:41:43-05:00

I witnessed something like this in Vietnam in 63. The Presidential Palace was surrounded and President Diem was holding out. Air Marshall Ky took to the air and after a few warning shots it was over.

Response by SSG Private RallyPoint Member made Jan 25 at 2018 11:44 PM

2018-01-25T23:44:05-05:00

What are we talking about here? politically ordered arrest? if so that's a coup..... Your hypothetical question isn't worth diving too far down the rabbit hole for.

Response by MSgt Steve Sweeney made Jan 25 at 2018 11:48 PM

2018-01-25T23:48:56-05:00

The President is not a king. The U.S. Marine Corps serves the people of the United States. The president's authority as Commander in Chief derived from the consent of the governed. If the legal apparatus of the people has arrested that authority, he no longer has authority.

Response by SFC Michael Hasbun made Jan 26 at 2018 12:46 AM

2018-01-26T00:46:11-05:00

A criminal is a criminal. Occupation is irrelevant to the equation. Fortunately arrests are made by law enforcement, not the military at large.

Response by SN Greg Wright made Jan 26 at 2018 2:54 AM

2018-01-26T02:54:19-05:00

What a dumb question targeted towards anti-Trump types. Come on man. You're better than this. I hope.

Response by SSG Dale London made Jan 26 at 2018 4:40 AM

2018-01-26T04:40:11-05:00

In real terms this is a non-issue.
POTUS is the senior law enforcement officer in the US. In order for him or her to be arrested, they must first be impeached, then convicted by the Senate and the sentence has to be removal from office. At that point he or she is no longer the President and any law officer may arrest him or her.
That being said, Constitutionally, there is only one person who has the authority to arrest the President -- the Sergeant at Arms of the US Senate -- who has authority to arrest anyone who violates the rules of the Senate. But that would only be for violation of the rules and the only action allowable would be ejection from the chamber.
If any member of the United States Armed Forces attempted to arrest a sitting president, it would be an act of treason, as the President, by virtue of the office, represents the people of the United States.
Likewise, any judge issuing an arrest warrant for POTUS would be in violation of the separation of powers under the Constitution and would be vulnerable to impeachment proceedings. They would also be commiting treason (for the same reason) and the order would not be lawful.
In the event of any such action our duty is clear. Protect the President -- even if you don't like him or her.
This is of course a moot point if the Vice President and the cabinet have determined POTUS incapable under provisions of the 25th Amendment.

Response by SSG Dale London made Jan 26 at 2018 4:59 AM

2018-01-26T04:59:33-05:00

There's a great film you should watch that approaches this issue -- "Eight Days in May." It should be required watching for every officer in a command position.

Response by Cpl Jeff N. made Jan 26 at 2018 6:51 AM

2018-01-26T06:51:27-05:00

These sorts of questions are why the anti Trumpers on the left have zero credibility. There is no court that is going to order the arrest of the POTUS. Even if they did, the Marines wouldn't be the ones arresting anyone. It would be a federal law enforcement agency but that is not even the way things would go down. The president is removed from office through the impeachment process not through a coup by the courts of others. Come out of the basement Ed, turn off CNN, get some fresh air.

Response by SGT Matthew Sesar made Jan 26 at 2018 7:23 AM

2018-01-26T07:23:31-05:00

Grab popcorn.

Response by LTC Private RallyPoint Member made Jan 26 at 2018 7:38 AM

2018-01-26T07:38:03-05:00

Whatever the constitution permits.

Response by MSgt Private RallyPoint Member made Jan 26 at 2018 8:21 AM

2018-01-26T08:21:45-05:00

This would cause a civil war. If you want that to happen you will not enjoy the outcome.

Response by PO1 Don Gulizia made Jan 26 at 2018 9:48 AM

2018-01-26T09:48:26-05:00

I would sit back, grab some popcorn and watch...while the Wicked Witch of the West orders her flying monkeys to round up all of the judges and Dumbledore orders the Marines to get on the Hogwarts Express. It will get real interesting when POTUS turns on the Bat-Signal for Batman to come to his aid. I'm sure you'll be getting into your X-Wing Fighter and head to Dagobah. This is great, I love discussing fantasy world situations...

Response by MSgt Private RallyPoint Member made Jan 26 at 2018 10:06 AM

2018-01-26T10:06:08-05:00

Note to liberals: all this anti trump crap just makes it more likely that I will vote for him again!

Response by PO2 Katie Benson made Jan 26 at 2018 10:56 AM

2018-01-26T10:56:22-05:00

My job, whatever those orders are.

Response by SGM Bill Frazer made Jan 26 at 2018 11:05 AM

2018-01-26T11:05:17-05:00

Courts can't order his arrest until after legal impeachment proceeding are concluded. Then he could be arrested because he wouldn't be the POTUS. Slippery slope. Also our OATH is to the Constitution- NOT the POTUS.

Response by SFC Joseph Weber made Jan 26 at 2018 12:53 PM

2018-01-26T12:53:34-05:00

I'd probably just hang out at the catering table with Aaron Eckhart until the director decided how to handle it.

Response by MSG Private RallyPoint Member made Jan 26 at 2018 1:53 PM

2018-01-26T13:53:11-05:00

Grab a cold beer, a lawn chair, and find a cozy spot to watch

Response by SPC David Willis made Jan 26 at 2018 1:55 PM

2018-01-26T13:55:36-05:00

Someone down voted a hypothetical question and didn't even leave a response? WTF??

Response by PO1 William "Chip" Nagel made Jan 26 at 2018 2:06 PM

2018-01-26T14:06:54-05:00

SSG Edward Tilton Interesting Debate!

Response by Maj Marty Hogan made Jan 26 at 2018 2:26 PM

2018-01-26T14:26:49-05:00

Well. I would saddle up the unicorn and go looking for the pot of gold at the end of the rainbow. feeling myself lucky to be Irish- I have an insider track on where the pot is being stored. Upon arrival- I see Jimmy Hoffa dividing the spoils. I am confused so I turn to ask Elvis if he picked up supplies at Wal-Mart before his arrival. What would I do....

Response by CWO3 Private RallyPoint Member made Jan 26 at 2018 2:49 PM

2018-01-26T14:49:45-05:00

Order to Marines would likely be an unlawful one and if so, should not be obeyed. Order to arrest by "Courts" is way off the mark as well. Impeachment by the Senate likely has to occur before civil/criminal charges. Might make for a good Tom Clancy book, but not realistic as to the actual process. If I'm a trigger-puller I look to Officer(s) in my Chain of Command and follow any orders they deem to be lawful only. Unless martial law has been declared AD military can't operate on US soil. It would be federal LE that would have to enforce.

Response by 1LT Private RallyPoint Member made Jan 26 at 2018 4:40 PM

2018-01-26T16:40:50-05:00

Same thing troops did during the Nixon administration - ignore the suspect illegal order.
What are you going to do otherwise - execute US Marshalls serving the arrest warrant?
No one is above the law and the US President is most certainly subject to valid warrant.
Warmest Regards, Sandy :)

Response by SSgt Brett Ontiveros made Feb 11 at 2018 12:16 AM

2018-02-11T00:16:19-05:00

Marines don’t protect the courts. We protect the president!

Response by SSG Brian G. made Feb 11 at 2018 1:14 AM

2018-02-11T01:14:20-05:00

Non issue. First off there is a separation of powers. No judge in his or her right might would or could order such a thing. The order would be unconstitutional. Second, the only civilian that can arrest the President is the Sgt at Arms of the Senate, and that is only valid IF the President defies an order of the senate. A president, any sitting president is in effect un-arrestable by civilian or military authorities. They would have to seek impeachment first and even at that the President would have to be convicted after having a trial. And even then the worst that can happen is that the President is forcibly evicted from the White House.

But let's say, for sheer sake of argument, that some fool of a judge does make that order. The arresting authority would have to make it INTO the White House. That is a formidable task in and of itself as the Secret Service holds authority and power there and they are the ones with the numbers and the guns. However, if said authority did breach the WH and did make it past the Secret Service, and IF I was a Marine.... knowing the order from the judge is unlawful and that the officers have no authority and that the President is my legally elected and duly appointed Command in Chief, I would resist. Covered under UCMJ.

Response by SGT Robert Beveridge made Feb 18 at 2018 1:23 PM

2018-02-18T13:23:44-05:00

That court ruling would be in contravention of the Constitution and should be ignored. I would refuse an order ot follow that ruling if it came down from a superior officer as an illegal order.

Response by 1LT Private RallyPoint Member made Feb 19 at 2018 12:05 AM

2018-02-19T00:05:24-05:00

If President Trump actually murdered someone in Times Square (yes he said he would get away with it) - no one would wait for impeachment - he would be arrested by the nearest NYPD beat cop or homicide detective. He would continue to have the authority of the President of the United States - he would not be immediately stripped of his office - but he may be obliged to spend some time in the hands of the justice system - before hearing and release on suitable bail. Most likely this would trigger US Constitutional provision for Vice President Pence to assume operational control of the federal government. With respect to the military defending the White House perimeter - well the answer to that question is the same as when President Nixon ordered the military to defend his home - the military simply ignored his illegal order. Warmest Regards, Sandy :)
p.s. I wonder what Jack thinks? Warmest Regards, Sandy :)

Response by MSG Charles Turner made Feb 19 at 2018 12:49 AM

2018-02-19T00:49:02-05:00

Well, the Congress has to IMPEACH the President. The House does this then the Senate holds Court. So what Courts are you speaking of??

Response by SSG Guy Gould made Feb 19 at 2018 12:53 AM

2018-02-19T00:53:24-05:00

The court would be better off ordering a pizza. An arrest order for the President has the value of toilet paper. There isn't anyone on the planet lawfully empowered to arrest the President. He wouldn't need to order the Marines to do anything. The Secret Service Police would arrest, detain, or shoot anyone with the intent to do anything to the President including a Judge.

Response by Capt Tom Brown made Feb 19 at 2018 12:28 PM

2018-02-19T12:28:23-05:00

Commandant of the Marine Corps orders the CG 2d Marine Division to occupy Washington DC, and take the Congress and POTUS into custody, pending military trial for disloyalty to the homeless. What would do?

Response by SPC David Willis made Feb 19 at 2018 2:24 PM

2018-02-19T14:24:32-05:00

A lot of people are taking this question like some take their dick... hard. Its hypothetical for christ sakes lets not get our panties in a bunch over milk that hasn't been spilt.

Response by CW3 Kevin Storm made Feb 19 at 2018 10:52 PM

2018-02-19T22:52:02-05:00

As this nation doesn't work quite that way, the president would of been impeached. And the Vice President would be sworn in.

Response by CW5 John M. made Feb 20 at 2018 12:13 AM

2018-02-20T00:13:45-05:00

Moot point. President Obama’s already out of office, and Hillary did not get elected. :)

Response by SSgt Jim Gilmore made Feb 21 at 2018 4:25 AM

2018-02-21T04:25:00-05:00

You will obey all lawful orders of the POTUS and those officers over you. My UNDERSTANDING is that only the U.S. Marshall has the authority to take the POTUS into custody. If the Marshall has a duly signed, lawful arrest warrant, you would be in the wrong to interfere with the apprehension of the POTUS. In order for such a warrant to be issued, I am relatively sure it must be signed off on by the Chief Justice.

Response by CPL Michael Sullivan made Feb 25 at 2018 8:42 AM

2018-02-25T08:42:59-05:00

Arrest the Fascist Russian Puppet Pig !

Response by MSgt Walter Clack made Feb 25 at 2018 10:30 PM

2018-02-25T22:30:18-05:00

Laugh, the courts do not have that power.

Response by SPC Steven Depuy made Feb 26 at 2018 8:17 AM

2018-02-26T08:17:00-05:00

Would that be the 9th Circuit Court of Appeals that would do that. :-)
As many others have mentioned, thats not the legal process, he would have to be impeached. If you were active military, you would have to obey the CIC, no matter if you liked him or not.

Response by PO2 Robert Aitchison made Mar 7 at 2018 2:18 PM

2018-03-07T14:18:40-05:00

Seems like short of him being impeached (and convicted) that would be an interesting dilemma.

I wonder what would happen if the President actively engaged an a blatantly illegal/unconstitutional act and a senior official or officer directed Marine guards or Secret Service to take them into custody. Like for example if a President went off his or her rocker and attempted to nuke a non-hostile country or even a U.S. city.

Response by Lt Col Scott Shuttleworth made Mar 7 at 2018 5:59 PM

2018-03-07T17:59:30-05:00

Resist per the orders of my commander in chief. Marines nor any other active duty member or reservist can be utilized for arrest authority. Posse comitatus act.

Response by Capt Dwayne Conyers made Mar 7 at 2018 6:30 PM

2018-03-07T18:30:14-05:00

Dance the macarena?

Response by PO1 Joseph Smith made Mar 12 at 2018 3:16 AM

2018-03-12T03:16:01-04:00

So if a rooster lays an egg on top of a house and the wind is blowing out of the south, which side would the egg roll down?

Response by SFC Alan Perlman made Mar 20 at 2018 9:44 PM

2018-03-20T21:44:56-04:00

I am fascinated by some of the answers, the responses and the discussion. I am somewhat taken aback by the snarky comments from both sides. I know my answer, but unless and until the72y/o retiree is activated I have no skin in this theoretical discussion.

Response by COL Private RallyPoint Member made Mar 21 at 2018 12:04 AM

2018-03-21T00:04:04-04:00

I took an oath to defend the constitution. I have a constitutional obligation to follow it. The Marines will not follow an unlawful order do that won’t happen. And in order to assess a President he no longer can be the president. Just like a military officer can not be put in jail. They are discharged then placed in confinement. Commission is withdrawn.

Response by SGT Private RallyPoint Member made Mar 29 at 2018 8:14 AM

2018-03-29T08:14:57-04:00

If the arrest of a President resulted in him falsifying documents and withheld information that could change his status that would have never allowed him to become President then a whole Nation was deceived, then yes I would support it.

Response by SGT Nathan G. made Mar 29 at 2018 9:52 AM

2018-03-29T09:52:39-04:00

In my honest opinion, I dislike hypothetical questions such as this.

Response by PVT Brian Gnad made Apr 2 at 2018 1:11 PM

2018-04-02T13:11:54-04:00

Terribly Sorry, but an order to arrest a sitting president who has not been impeached by the House and convicted by the Senate and then removed from office, is not valid on its face. Not even the Supreme Court could issue that order.

Response by CW3 Kevin Storm made Apr 3 at 2018 9:38 AM

2018-04-03T09:38:43-04:00

We have a constitution, we swear an oath to it first and foremost. If the President has been impeached and due process has been given. The Presidents orders IMHO become moot.

Response by SPC Gary Hunt made Apr 11 at 2018 2:51 PM

2018-04-11T14:51:14-04:00

The Supreme Court has never has arrest authority. The best example of this can be found in a Civil War decision, by the Supreme Court, regarding the improper delegation of suspension of Habeas Corpus.
Ex Parte Merryman, an 1861 Supreme Court decision

Response by SGT George Duncan made Apr 15 at 2018 12:58 PM

2018-04-15T12:58:09-04:00

ask the first shirt what we should do?

Response by Maj Bill Smith, Ph.D. made Apr 15 at 2018 11:17 PM

2018-04-15T23:17:15-04:00

Ignore this fictious idea. What's the point!

Response by SSgt Daniel d'Errico made Apr 30 at 2018 2:01 AM

2018-04-30T02:01:19-04:00

I would consider what SSgt Dale London just posted on this subject. The 25th amendment, signed by a majority of the senate and the Vice President, must be acted on as the legal presidencet for the removal of POTUS and for the VPOTUS to become the de facto POTUS.

Response by SFC Robert Walton made Apr 30 at 2018 10:54 AM

2018-04-30T10:54:23-04:00

To answer your question as it has been asked the courts can not in themselves remove a Sitting President. But if they did the Marines as all good Marines do would follow their Last giving order and they would resist. Causing DOJ to open and investigation against said Courts.

Response by LCpl Patrick Kreisel made May 1 at 2018 3:46 AM

2018-05-01T03:46:53-04:00

I truly believe that the far left liberal democrats would/Will attempt something like this. They've proven that they're willing to commit crimes,commit treason and violate the Constitution and it's ok as long as it's justified. They fear Trump more then they hate him and fear caused desperation. It's not something they could even hope to accomplish but I think it's something to consider.

Response by PV2 Private RallyPoint Member made May 2 at 2018 9:25 PM

2018-05-02T21:25:26-04:00

Not a Marine so not much.
We are closing in on the time to remove our government and create new.
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government..."

Response by PFC David Ziegler made May 6 at 2018 7:34 PM

2018-05-06T19:34:12-04:00

I Stand with President Trump

Response by SGM Private RallyPoint Member made May 6 at 2018 9:18 PM

2018-05-06T21:18:52-04:00

Aliens land in New York City. God show up and says they are emissaries of the Devil. What do you do?

Better question, Why in the world do people come up with silly scenarios just so they can show us all how unhappy they are that they didn't get their way in the last election?

Response by Cpl Bob Cloninger made May 7 at 2018 10:58 PM

2018-05-07T22:58:06-04:00

Seriously? Our oath was to The Constitution, not the president. The same question came up during the Nixon Administration.

Response by PV2 Glen Lewis made May 14 at 2018 4:09 PM

2018-05-14T16:09:41-04:00

Go fishing.

Response by Alan David made May 15 at 2018 11:38 AM

2018-05-15T11:38:37-04:00

follow his orders

Response by CPL Luke Saunders made May 19 at 2018 5:08 PM

2018-05-19T17:08:28-04:00

Whatever my commanding officer tells me to.

Response by Gina Thompson made May 23 at 2021 6:10 AM

2021-05-23T06:10:42-04:00

Isn’t the Chief Justice of The Supreme Court able to arrest a sitting President? If I remember my Constitution correctly he/she should be the only one that can under the separation of powers. Correct me if I’m wrong.

Response by SSG Edward Tilton made May 23 at 2021 8:28 AM

2021-05-23T08:28:05-04:00

There is only one President, sounds like the Marines need to make a decision.

Response by PV2 Joseph Ricker made Sep 25 at 2021 7:42 PM

2021-09-25T19:42:58-04:00

As one who swore an oath to our Constitution, I still have an obligation to defend it against all enemies - foreign and domestic.

The current POTUS is obviously not the one calling the shots, and the office as well as both chambers and other branches of government have been infiltrated by Marxists intent on the destruction of our nation. These individuals are all, in effect, domestic enemies.

Beyond impeachment, how are we to uphold our oath to defend the nation against these enemies?

Do we as current and retired military wait until a physical war breaks out (which I honestly believe is coming) or do we stand pat and allow our country to continue to be dismantled?

I welcome your opinions ...

Response by SFC David Reid, M.S, PHR, SHRM-CP, DTM made Aug 26 at 2022 6:52 PM

2022-08-26T18:52:43-04:00

I wonder how many of you remember this fact about should be done. Now I remember while working at MEPS where we had some unrest.