Can or Will Special Counsel Indict A Sitting President?
Dear Friends & Neighbors,
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In light of various events that had occurred in the past year (please refer to our previous post on “The List of Impeachable Offenses Is Growing“, with recently added “Is Releasing Nunes Memo The Prelude To Another Saturday Night Massacre?“, and “Nunes Memo Is A Dud-Is Nunes Obstructing Justice?“, many of our readers have been asking the question, “Can Special Prosecutor Indict a Sitting President?” To this, I would like to direct you to:
- an article that appeared in The Washington Post about six months ago by a professor at Chapman University’s Fowler School of Law, Ronald Rotunda, “The president can be indicted-just not by Mueller“. In his final analysis, Professor Rotunda indicated that the history and language of the Constitution and Supreme Court precedents suggest that the president does not enjoy general immunity from prosecution.
- an article in Business Insider about six months ago by Sonam Sheth, “A newly-unearthed, Clinton-era memo suggests a sitting president could be indicted-here’s what it could mean for Trump, was based on a legal memo unearthed by New York Times. Rotunda argued that “if he cannot be prosecuted for violating the criminal laws, he will be above the law.”
- an article that appeared in Politico yesterday, Feb. 2, 2018, “Russia probe lawyers think Mueller could indict Trump“, contains “Special counsel Robert Mueller’s Russia investigation has gathered enough steam that some lawyers representing key Donald Trump associates are considering the possibility of a historic first: an indictment against a sitting president.”
- an article in Newsmax, “Attorneys for Trump Associates: Mueller Could Indict the President“
- an interview with Senator Adam Schiff about six months ago, below:
Finally, I wish that none of us ever had to ask this question, “Can or Will Special Counsel Indict a Sitting President?” But sometimes it is necessary if we want to remain in a nation of democracy, under rules and laws designed by the founding fathers of U.S. Constitution.
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