Trump's lawyers' argument -- that he can't be pursued by prosecutors now because the Constitution provides for impeachment -- is curious.
Spiro Agnew was prosecuted while he was VP, for bribery and tax evasion committed before he took office.
Was that case unconstitutional... ?
Spiro Agnew was prosecuted while he was VP, for bribery and tax evasion committed before he took office.
Was that case unconstitutional... ?
In 1973, the Justice Department simultaneously argued that Agnew *could* be prosecuted, but Nixon couldn't ... well, because ... actually being president is different than being vice president.
(Agnew did argue he *was* immune, but he resigned and pleaded guilty anyway.)
(Agnew did argue he *was* immune, but he resigned and pleaded guilty anyway.)
The longstanding DOJ OLC opinion blocking indictments of sitting presidents binds federal prosecutors.
That's why the Trump case being brought by the Manhattan DA raises a novel question for the courts...
That's why the Trump case being brought by the Manhattan DA raises a novel question for the courts...
