US Presidents Are Not Immune From Criminal Prosecution

Law360, New York (August 1, 2017, 1:44 PM EDT) -- For over 40 years, America’s top constitutional scholars have uniformly concluded that nothing in the text or the history of the U.S. Constitution bars the criminal indictment, arrest, trial, conviction or imprisonment of a sitting president. So why then has pundit after pundit recently opined — in the context of special counsel Robert S. Mueller III’s investigation into Russian interference with the 2016 presidential election and related matters — that a president cannot be criminally prosecuted while in office?

What these pundits appear to be relying on is the position taken by the Office of Legal Counsel of the U.S. Department...

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