Zonkerbl wrote:montestewart wrote:Zonkerbl wrote:
What do you mean? It plays out the way I described it - if Congress doesn't impeach, Trump gets off scott free.
What is the authority for that assertion? Not saying you’re wrong, but I’m not familiar with that. Impeachment subjects someone to Senate trial and, if convicted there, removal from office and subject to further prosecution. It seems the end of a term would accomplish the same thing.
If you read the Mueller report, Mueller argues that he can't indict the President because the only judicial body with jurisdiction over him is Congress. That legal jurisdictional issue doesn't just disappear when you're no longer President. A crime committed while President remains under the jurisdiction of Congress no matter what day it is. Once the President is no longer President and can't be impeached there's literally no remedy left. He gets away with it. (Which in my mind is another argument why the DOJ memo saying the President is immune from prosecution is garbage)
Well, if I was a defense lawyer I'd certainly argue this. None of this has been tested in court yet, so who knows.
But as Pointgod points out there are state level crimes he's still exposed to. We'll see I guess.
[edit to add:Maybe you're right, once the immunity of being President ends you are subject to indictment. The Trump administration has argued the point my way for their justification for executive immunity on everything, so I'll guess we'll find out the answer soon enough]
I don't believe that is true. I'm no constitutional lawyer but just because the Senate may not choose
to convict does not mean the USDOJ (once a person leaves office) or state AGs cannot proceed.
Furthermore, again, if I understand correctly, there is nothing preventing state AGs right now
from proceeding with prosecutions.
The DOJ OLC opinion only pertains to federal prosecutions.














