Can the President Be Arrested While in Office
This is a fact! Trump's lawyers take said special counsel Robert Mueller already has told them he would abide past a longstanding Department of Justice view that the Constitution bars prosecuting sitting presidents.
The Justice Department'south Office of Legal Counsel (OLC), the executive branch'south most authoritative in-firm lawyer, has long taken the position that the president cannot be prosecuted or fifty-fifty indicted while still in office. The reason is that any indictment or criminal prosecution would impermissibly undermine the executive branch'southward chapters to perform its constitutionally assigned functions.
The Justice Department first reached this conclusion in 1973 during Nixon'southward presidency. This does non mean that the president is above the constabulary, only rather that any criminal case must wait until after the president leaves office.
Only Congress may remove a sitting president through the impeachment process. A sitting president cannot be removed through a criminal prosecution even if he or she is manifestly guilty!
If Trump is Prosecuted After His Presidency, What's the Criminal offence?
Trump can be indicted after he leaves the presidency, but what would he be charged with?
Under federal police force, an private could not donate more than than $two,700 directly to Trump's primary or general election entrada in 2016. But Trump's longtime chaser, Michael Cohen, admitted to making an excessive campaign contribution at the "direction" of Trump.
Experts in campaign-finance police were unanimous in terminal that Trump would be in immediate legal jeopardy if he were not president. According to Cohen, Trump conspired to violate the law past directing Cohen to make payments to two women to gain their silence and boost his election prospects.
Image Source: bbc.com
These include Stormy Daniels, who said she had sex with Trump in 2006, and received $130,000 from Cohen days before the election in exchange for her silence. To funnel the money to Daniels, Cohen created Essential Consultants, a limited-liability visitor, several weeks before the election. Federal police force confined direct corporate contributions to federal candidates. After months of denying that he knew of any payment to Daniels, Trump filed a financial disclosure study in May showing he reimbursed Cohen for the Daniels payment.
What do you recollect? Should sitting presidents be prosecuted for crimes, or is the current policy better?
Source: https://www.robertreeveslaw.com/blog/sitting-president-prosecuted/
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