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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHow the President Can Be Prosecuted as a Criminal
How the President Can Be Prosecuted as a Criminal
By Martin London
January 29, 2018
http://time.com/5123598/president-trump-impeach-criminal-constitution/
London is a retired partner for the law firm Paul, Weiss, Rifkind, Wharton & Garrison and the author of The Client Decides; he was a principal lawyer for Vice President Spiro Agnew.
The President, Vice President and civil officers of the United States shall be removed from Office on Impeachment for, and conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Article II, section 4, U.S. Constitution
Judgment in cases of Impeachment shall not extend further than to removal from Office
but the party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to law.
Article I, section 9, U.S. Constitution
These passages explain that, despite all the political rhetoric emanating from the White House, the Capitol building and elements of the media, if the House impeached and the Senate convicted Donald Trump, the only result of that Congressional action would be his removal from the Presidency.
But what is equally important is what they dont say. There is no language in the Constitution providing the President with any immunity from prosecution by the appropriate criminal authorities: he is subject to the ordinary criminal processes of Indictment, Trial, Judgment and Punishment, according to law. Furthermore, there is not one syllable directly putting the President beyond the reach of the criminal law even if Congress does not impeach.
The argument that the President is immune from the criminal laws is just that an argument.
democratisphere
(17,235 posts)world wide wally
(21,754 posts)dalton99a
(81,568 posts)marylandblue
(12,344 posts)And he may be interested in protecting the SCOTUS as an institution. The only way to do that is it allow the President to be indicted. Otherwise he could ignore court decisions with impunity.
Thomas could also surprise. He is a true originalist. The Constitution doesn't prohibit it, so he may say yes.
dajoki
(10,678 posts)marylandblue
(12,344 posts)So it's possible.
dajoki
(10,678 posts)honest.abe
(8,680 posts)Also remember Trump and Roberts are not best buddies. Trump insulted him repeatedly for his vote on Obamacare.
ffr
(22,671 posts)Seems he's ripe for impeachment and indictments to follow.
Bayard
(22,128 posts)As the guest attorney said on Rachel last night, with Cohen's admission, tRump is now an un-indicted co-conspirator. I'd say he shouldn't get to nominate a dog catcher.
How many senators asked Kavanaugh the question--If tRump is indicted, how will you rule, or do you think you should recuse yourself?