Laurence Tribe: It's a MYTH that a sitting President cannot be indicted and tried.

[pnwmom]

I know there is disagreement on this issue, but Tribe's opinion is an important one, as he teaches Constitutional Law at Harvard.

Link to tweet

[Wellstone ruled]

1. Watch out Donnie.

It is Mueller Time!!!!

[marylandblue]

2. Tribe is correct the way he phrases it

The Constitution doesn't say you can't prosecute a sitting president. The argument is all about whether this means they assumed you could, assumed you couldn't, or just didn't think about it at all.

[marble falls]

3. The only people in disagreement were the Nixon and Trump White Houses. And we saw what it took ...

for Nixon to escape it, resignation and a pardon from Ford.

[marylandblue]

4. Importantly, two prior special counsels

thought you could indict a president, so why would Mueller think differently?

[FarPoint]

5. Thank you sir...

I completely trust Laurence Tribe....I had hoped to see his input...

[bdamomma]

6. no man

or president is above the law. Period.

[Generic Brad]

8. The executive in charge of executing the laws should be following the law

Presidents do not have a get out of jail free card or immunity from the laws they are supposed to be enforcing. His argument is nonsensical and his actions are criminal.

[Beartracks]

9. The "executive in charge of executing laws" should care about the law. n/t

[madamesilverspurs]

7. Pence needs to go first.

If/when Trump is removed, we need his replacement to be someone who will NOT pardon him.


.

[triron]

11. perhaps he can share a cell with Donald.

[bdamomma]

13. perhaps all of them

can share a cell together. Hell, get them all there. I would like to see Bannon and Stephen Miller included also.

I wonder if Bannon has been pulled aside to talk to the Mueller team. Jared Kushner is probably next to get indicted.

[roamer65]

10. This falls under the 25th Amendment.

An indicted president would be unable to discharge the powers and duties of his office, therefore the Vice President becomes Acting President.

The VP and cabinet can make the determination via the 25th.

[onenote]

15. Why would an indictment render president incapable of performing duties?

Would impeachment by the House have the same effect?

[ismnotwasm]

12. Impeachment is indictment

Congress cannot criminally charge the president in a particular investigation—say an impeachment for treason— but he can be charged through the normal course of justice, from what I understand. If the president murders someone—he would not be arrested because he’s president? The idea is ludicrous.

I like this little snippet from Khan Academy

[Gothmog]

14. I agree with Prof. Tribe

[onenote]

16. Tribes opinion is nothing more than his opinion

What matters is what the 9 members of the Supreme Court think. And I think it’s a pretty safe bet that a majority of the Court—maybe even all nine would conclude that impeachment by the House and conviction by the Senate not indictment and criminal trial is how corrupt presidencies are ended.

[NewJeffCT]

17. Tribe would have been so good on the Supreme Court

I remember that if Dukakis had won in 1988, there was talk that Tribe would have been his top choice for SCOTUS. Alas, Dukakis got Wilie Hortoned.