A constitutional crisis is a situation that a legal system’s constitution or other basic principles of operation appear unable to resolve; it often results in a breakdown in the orderly operation of government.
This 2016 election has presented an extraordinary challenge to the voters. The Democratic party nominated a candidate while under an FBI investigation. The case was closed on July 5, after the Democratic convention. New emails discovered during another investigation prompted FBI director, James Comey, to reopen the investigation of Hillary Clinton’s mishandling of classified material. Since the case will not be resolved by election day, then we could have a sitting President under indictment. The FBI is presently investigating her email and the Clinton Foundation, all related to her tenure as Secretary of State from 2009-2013.
A sitting President under indictment would give her power over the departments charged with investigating (FBI) and prosecuting (DOJ). The Constitution does not account for this scenario. This problem has been highlighted by Democratic supporters.
John Kass from the Chicago Tribune, a Democratic stronghold, talks about the danger to the Republic of electing Clinton.
Doug Schoen, a Democratic stalwart and friend of the Clintons since 1994, voices the same concern.
In the next few days, I will monitor if this idea broadens.