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1. This is a crucially important question because it involves the issue of whether Trump can run out the clock on being hauled into court for the crimes he’s committed by getting re-elected. I agree w/Danny @CevallosLaw that the answer is probably, and appallingly, yes...
2. The basics: the DOJ Office of Legal Counsel issued an opinion in 2000 (which it had also rendered in the 1970s) that a sitting president who commits criminal offenses can not be charged/indicted while in office. I suspect to most people this seems absurd (it does to me)...
3. This opinion literally means the president could commit any crime - imprison his political opponents without cause, sex offenses, murder - and he could not be charged with those crimes while in office. But wait, it get worse. Because federal offense have to be charged ...
4. within 5 years of the date they were committed. So, if re-elected, Trump could not be charged with any crimes he committed before January 2020 (because his second term would end in January 2025). So all of the obstruction of justice offenses Mueller documented in VOL II of...
5. his report, as well as the felony campaign finance violations he committed w/Michael Cohen would be freebies, w/Trump never being held accountable in a court of law. As Danny noted, the prosecutor could try to bring charges AFTER the 5 years had run by arguing to the Judge...
6. that prosecutors were unable to bring charges while Trump was in office because of the OLC memo, so the court should rule that the 5-year clock stopped during the time the prosecutors were not allowed to charge Trump for his crimes. You know what a judge is likely to say?
7. IMO, a Judge would say, there’s nothing in the Constitution saying a criminal president can not be charged & there’s no federal law on the books saying a criminal president can not be charged. Accordingly, you could have charged Trump w/in the 5-year time limit. Case dismissed
8. This highlights the folly of having the DOJ/OLC-which is under the control of THE PRESIDENT-issuing an opinion designed to protect the president from being charged for crimes he’s committed. Of course, it’s also a contemptible policy because it makes a criminal president...
9. more of a criminal king, not only entirely above the law but in a position to run out the charging clock, thereby forever getting away with his crimes by virtue of being protected by an opinion rendered by DOJ employees that are under the president’s control. Yeah . . .
10. none of this sounds right or just or fair or . . . American, does it?
