L'Emmerdeur wrote: ↑Wed Jun 06, 2018 11:11 pm
Forty Two wrote: ↑Wed Jun 06, 2018 7:17 pm
A sitting President cannot be indicted for a crime.
So Giuliani and others have said. They are expressing opinions, not describing a fact.
The US Supreme Court has not ruled on this precise question, but has twice rejected presidents' attempts to claim immunity from personal legal liability while in office. In
United States v. Nixon it rejected Nixon's assertion that the president had 'absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances.' In
Clinton v. Jones it rejected Clinton's claim of presidential immunity from private legal actions.
It's not hard to envisage a future case before the US Supreme Court in which Trump asserts that as sitting president he's above the law--cannot be indicted for a crime. At that point the issue will be decided, but not before.
All good points, but first, civil liability is different than indictment for crime. I referred only to indictment for crime. Also, there is immunity for private civil actions arising out of their duties. The Clinton aspect was limited to actions that were not part of his duties as President, and I think Trump could be sued for sexual harassment, too.
As Alexander Hamilton wrote, "The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would
afterwards be liable to prosecution and punishment in the ordinary course of law." And Justice Joseph Story wrote, "The president cannot, therefore, be liable to arrest, imprisonment, or detention, while he is in the discharge of the duties of his office..." 3 Joseph Story, Commentaries on the Constitution of the United States, § 1563 (Boston, Hilliard, Gary & Co. 1833).
President John Adams and Senator (later Chief Justice) Oliver Ellsworth. A senator in conversation with them about presidential prosecutability asserted that the President was not above the laws, to which they replied that "[y]ou could only impeach himand no other process [w]hatever lay against him." But then, the senator pointed out, a President committing murder on the streets could only be removed by impeachment. True, acknowledged Adams and Ellsworth, but "[w]hen he is no longer President, [y]ou can indict him." 9 The Diary of William Maclay and other Notes on Senate Debates 168 (Kenneth R. Bowling & Helen E. Veit eds., 1988).
http://digitalcommons.law.yale.edu/cgi/ ... fss_papers and
http://digitalcommons.law.yale.edu/cgi/ ... fss_papers
Constitutional issues in the US are rarely 100%. And, you are correct that SCOTUS has not decided the issue, and it's an argument. But, the argument that the President can be indicted for crime while in office (as opposed to having indictments held until he is impeached or left office) hasn't been set out well, in my view.
“When I was in college, I took a terrorism class. ... The thing that was interesting in the class was every time the professor said ‘Al Qaeda’ his shoulders went up, But you know, it is that you don’t say ‘America’ with an intensity, you don’t say ‘England’ with the intensity. You don’t say ‘the army’ with the intensity,” she continued. “... But you say these names [Al Qaeda] because you want that word to carry weight. You want it to be something.” - Ilhan Omar