The U.S. Constitution explains how a president can be removed from office for &q...
WASHINGTON - The U.S. Constitution explains how a president can be removed from office for “high crimes and misdemeanors” by Congress using the impeachment process. But the Constitution is silent on whether a president can face criminal prosecution in court, and the U.S. Supreme Court has not directly addressed the question.
The U.S. Justice Department has a decades-old policy that a sitting president cannot be indicted, indicating that criminal charges against Trump would be unlikely, according to legal experts. The department reaffirmed the policy in a 2000 memo, saying court decisions in the intervening years had not changed its conclusion that a sitting president is “constitutionally immune” from indictment and criminal prosecution. It concluded that criminal charges against a president would “violate the constitutional separation of powers” delineating the authority of the executive, legislative and judicial branches of the U.S. government.
But some lawyers have argued that the nation’s founders could have included a provision in the Constitution shielding the president from prosecution, but did not do so, suggesting an indictment would be permissible. According to this view, immunity for the president violates the fundamental principle that nobody is above the law.
Ken Starr, who investigated President Bill Clinton in the 1990s in the somewhat different role of independent counsel, in 1998 conducted his own analysis of the question of whether a sitting president can be indicted, indicating he did not consider the 1973 Justice Department memo binding on him.
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