1/Great question from @Lawssenhop about extending the Statute of Limitations to allow charging a former president who couldn't be indicted while in office. It's complex and requires a thread to answer so here goes.
2/In general, ex post facto laws are prohibited by Article 1 of the Constitution if they retroactively change the rules of evidence in a criminal case, retroactively alter the definition of a crime, retroactively increase the punishment for a past criminal act, or
3/punish conduct that was legal when committed. Courts have interpreted what can and cannot be done but have left unanswered whether extending the SOL after the conduct is over would be allowed.
I think it could be argued that extending the SOL after the fact and thereby subjecting a suspect to indictment for longer than allowed when the crime was committed is an additional penalty that could violate Article 1.
4/However, it has been suggested that if the SOL has not yet expired when it is extended, it may not violate the ex post facto constitutional prohibition.
Hope this answers your excellent question.
Hope this answers your excellent question.
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