A Sitting President Can Be Indicted.
The long held conventional view that a president is immune from prosecution while serving in office is dead wrong.
“It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties.” [Memo commissioned by Kenneth Starr.]
mobile.nytimes.com/2017/07/22/us/…
“In 1974, the Watergate special counsel, Leon Jaworski, had also received a memo from his staff saying he could indict the president, in that instance Richard M. Nixon, while he was in office, and later made that case in a court brief.”
“If the framers of our Constitution wanted to create a special immunity for the president,” [Starr Memo by Rotunda argued, “they could have written the relevant clause.”
“No one would suggest that the president should be removed from office simply because [he commits a crime, but] If there is no recourse against the president, if he cannot be prosecuted for violating the criminal laws, he will be above the law.”
“If public policy and the Constitution allow a private litigant to sue a sitting president for acts that are not part of the president’s official duties..then..an indictment is constitutional because the public interest in criminal cases is greater.”
Yes, Trump could be indicted. The ‘Nixon tapes’ case proves it.
washingtonpost.com/amphtml/opinio…
“The court unanimously upheld the fundamental constitutional principle that no person is above the law, and even the president is subject to the ordinary obligations and prohibitions of federal law applicable to everyone else.”
“But the president and his supporters are claiming an immunity from criminal culpability that our constitutional system of justice does not and should not tolerate.”
“Nothing in the Constitution would bar a federal grand jury from returning charges against a sitting president for committing a serious felony. “
washingtonpost.com/opinions/the-p…
“If the president is indicted, the government will not shut down, any more than it shut down when the Court ruled that the president must answer a civil suit brought by Paula Jones.”