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Halls of Shrewd'm / US Policy
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Author: albaby1 ✶🐝 HONORARY
SHREWD   😊 😞
Number: of 48486 
Subject: Re: what if...
Date: 08/22/2023 1:11 PM
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I would think GA would not be under any obligation to release him. Immunity wouldn't apply because the crime -and in this scenario, the punishment- predated his becoming POTUS. But realistically, you can't run an administration from a prison.

There is no precedent, obviously. But I don't think GA could be compelled to release him.

I think it's pretty likely they'd be compelled to release him under the Supremacy Clause.

Imprisoning someone is an exercise of State power - mostly the state Judicial power. It's subject to that Supremacy Clause just like any other exercise of State power. A State legislature can't stop Congress from exercising its Legislative power; they probably can't stop the President from exercising the Executive power. In the event of a conflict, the State loses - State power is subordinate to Federal power.

Since the President can't realistically exercise the Executive function from a prison, he can't be imprisoned by a State. The State won't be allowed to prevent the President from presidenting.

Albaby
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