For the lawyers in the audience

In the insane legal brief linked here, Minnesotan Ed Felien petitions the court to order Hennepin County Attorney Michael Freeman to arrest George W. Bush when he arrives in Minneapolis for the Republican National Convention. Felein alleges that Bush has committed crimes against the residents of Hennepin County and that Freeman has a duty to arrest him. These crimes include murder, the fixing of gas prices, and conspiracy to distribute heroin. Freeman, the coward, says he lacks jurisdiction.

Discuss.

Comments

  1. RumorsDaily says:

    Heroin – no way.

    Oil prices – clever, but come on.

    Murder – his claim is about American troops, and Bush doesn’t want American troops to die. If his claim had focused on foreign troops or civilians, he’d have a slightly better argument.

    The real issue is that all of these have to do with foreign policy and the conduct of the war, which is squarely within the President’s authority. US Const. Art. 1 s.2. If there’s some discrepancy between the President’s authority in this area, and his Congressional mandate, we’d probably have a non-justiciable political question (the courts just don’t get involved in such things). But we don’t. He’s acting, more or less, within his authorized powers and regardless of whether we like the outcome as of late, we’re stuck with it.

  2. Ben says:

    Also, I have this vague feeling that you need to impeach and remove a president before you can prosecute him. I can’t remember why, but I’m pretty sure prosecuting a sitting president just ain’t happening.

  3. Matt says:

    That’s true Ben, but I also can’t remember why exactly. It makes me think of the whole Clinton vs. Paula Jones thing, where the Clinton administration was trying to extend that immunity to civil claims as well. The court didn’t go for it.

    This seems like a pretty ridiculous case, and I suspect the plaintiff filed it pro se.

  4. Jeff says:

    Is pro se Latin for “for shits and giggles?”

  5. Mike says:

    He got at least one blog to talk about it, so he probably succeeded in his true mission.

  6. Ben says:

    Pro se is Latin for “have no idea what I’m doing but I’m going to get very indignant about imagined slights, lie to the court, and make life hell for the lawyers, judge, and anybody else I encounter.”

    Not that my recent experience with pro se parties has left me bitter or anything.

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