How the President Can Be Prosecuted as a Criminal

[dajoki]

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 don’t 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]

1. There is nothing protecting drumpf as a sitting president from being indicted on multiple counts.

[world wide wally]

2. Only Kavanaugh as a SC Justice

[dalton99a]

3. +1. That's why Kavanaugh was chosen

[marylandblue]

4. The swing vote is Roberts

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]

5. I really don't think he is a swing vote n/t

[marylandblue]

6. You may be right, but he has broken with the right before

So it's possible.

[dajoki]

7. Well, I hope you're correct n/t

[honest.abe]

8. I agree.

Also remember Trump and Roberts are not best buddies. Trump insulted him repeatedly for his vote on Obamacare.

[ffr]

9. Isn't 45 the guy who breaks all norms?

Seems he's ripe for impeachment and indictments to follow.

[Bayard]

10. I don't see how the Kavanaugh nomination can go forward now

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?

[Duppers]

11. K & R