What happens if Obama is indicted in the Illinois scandal prior to the inauguration?

Now that Rahm Emmanuel seems to have gotten pinched, what happens if Obama cannot take the oath of office while under indictment? Is there a provision in the Constitution that decides who becomes President in such an occurrence?What happens if Obama is indicted in the Illinois scandal prior to the inauguration?
The federal government doesn't move that fast. I'm taking the question as a hypothetical, since I believe that if such evidence existed, it would already have come out.



I think it is certainly defensible under the laws and constitution that he could pardon himself, once he took office. So it would be useless.



The bigger threat would be congress, which actually does have the power to impeach. But with a democratic congress, both houses, I don't see that happening.
The point of electing a Vice President is to have a spare in case the President goes flat. Biden would in fact be sworn in, but as President, not Vice President, should Obama be somehow kept from taking office. It's in the 20th Amendment



That being said there are some other things to point out.



1. Rahm Emanuel is nowhere near being "pinched" in the sense of being charged with a crime. The current flap is a purely media thing. Talking to the governor and apparently refusing his demands is not a criminal offense. Reporters may be interested, but the Feebs aren't.



2. Being indicted would not in fact be a barrier to taking the oath. Rather it would most likely result in the person taking the oath, and then almost immediately stepping down in favour of the newly elected Vice President. That way the person so indicted will at least be able to say "Well I was President briefly" There is however a chance that it would it lead to an electoral college rebellion, in which case the President would be whoever the electors selected, almost certainly the Vice Presidential candidate on the winning side once again. It's anyone's guess who'd they'd pick for VP, though.



However this is hypothetical and immaterial. Immanuel isn't being charged with an offense, much less Obama.What happens if Obama is indicted in the Illinois scandal prior to the inauguration?
Assuming that your question is a serious quest for knowledge. The line of succession will remain the same as the president elect is the elected president. The fact that he or she has not been inaugurated dose not change that.The current president will finish his or her term and the appointed vise-president will then assume the office. It may be contested afterward but it is the law. The Constitution is a brilliant piece of work that has provisions for most any situation.
Section 3 of the 20th Amendment to the Constitution states:





If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.



In other words, until which time a President is decided upon, the Speaker of the House would become the President.



Section 4 states:

The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.



Which means that the House of Representatives would vote on a President when it convenes in January.



So, assuming Pelosi continues as Speaker, she would become President until the House votes on a permanent replacement.



Only in America can we pick a complete dope for President only to have a bigger dope replace him once he is caught with his hand in the cookie jar.What happens if Obama is indicted in the Illinois scandal prior to the inauguration?
LOL Obama is always going to meet bad people, but!!! just because you talked to or were friends with bad people does not mean that you are a bad person too. And plus the news is always talking about Obama to "make it" look like he has done something wrong.









I DO NOT LIKE THE MEDIA!!!!!!!!!
The Constitution says that if the president-elect can't take office, then the vice-president-elect will be sworn in as president.



That said, it seems very unlikely that Obama has done anything that would get him indicted.
It isn't going to happen. If Obama was on the suspicion list he would have already been indicted. For those of you who are hoping he gets caught you are going to have a long wait because Obama is God. So there!
The normal line of succession would be followed. In any case even *if* he were indicted it would be long after the inauguration before any trial would be held...
First 100 days will be less friendly, followed by impeachment.
I doubt it will happen but if it did I suppose the VP would get to be president.



If things really got mucked up it would fall to the speaker of the house.
He'll still get to be president, but with a tarnished image. More focus will be on his past and less belief to what he says.
We get out the big barbecue and start cooking A-1 steaks



We pop the Dom Perri-on champagne



AND HAVE ONE HELL OF A PARTY !!!



YYYEEEEEAEAEAAHHHHHH. Sound like a famous democrat ? LOL
Ya JOE the Biden would take over.
probably nothing