by Rodger Malcolm Mitchell, www.nofica.com
Some say a sitting President cannot be prosecuted, convicted, sentenced, and jailed for any crime. Has this actually been determined? Or is it an opinion yet to be tested in the U.S. judicial system?
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“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
Although this question of presidential prosecution is not unambiguously addressed in the Constitution, current circumstances (a possibly criminal President) may require the Supreme Court to answer questions such a the following:
- Are there any crimes for which a sitting President cannot be prosecuted, convicted, sentenced, and jailed, while he is President?
- Are there any crimes for which a sitting President can be prosecuted, convicted, sentenced, and jailed, while he is President? (If, for instance, President Donald Trump were to arrange for the murder of Hillary Clinton or Barack Obama, could he be prosecuted, convicted, sentenced, and jailed?)
- Are civil actions treated differently from criminal actions?
- If, a Presidential candidate arranges for the murder of his opponent, and subsequently is elected President, can he be prosecuted, convicted, sentenced, and jailed during his term of Presidency?
- If a sitting President is found to have committed treason before being elected, can he be prosecuted, convicted, sentenced, and jailed?
- If, at a sitting President’s direction, someone is found to have committed any crime, including murder, treason, or obstruction of justice, can the President pardon that person?
- If either before or during his Presidency, the President commits a crime, how will the Statute of Limitations be handled (if he can’t be prosecuted, convicted, sentenced, and jailed, while he is President)?
- Does the Constitution require the political process called “impeachment” to precede any legal process?
- Are the above answers different for Presidents vs. any other federal employees, including Vice-Presidents, Congressmen, et al.
- Do the above answers differ for federal prosecutions vs. state/local government prosecutions?
These questions are discussed at How the President Can Be Prosecuted as a Criminal and Can We Indict a Sitting President?
Interesting, isn’t it, that these questions have such immediate relevance?
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