SCOTUS is now supposedly struggling with whether the President is immune to prosecution for any act conducted while in office. Given our current political environment it is really not clear what will happen. Some predict the matter will get sent back to the lower court to clarify what specifically is considered not immune vs. immune.
It is quite clear to me that a Government Official can be tried for crimes that are also subject to impeachment. Since the Constitution clearly states that Impeachment and removal from office will not preclude such prosecution. From Article 1, Section 3:
“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
But it does not indicate such prosecution is available should the person NOT be “convicted” by the Senate. Or if no impeachment occurs at all. Oh and as for the lower court trying to claim there is a difference between Official acts and other acts outside the authority of the office, prior impeachments included acts that were not part of the office. Such as charges of public drunkenness, obnoxious behavior and blasphemy.
Given our current state of affairs in politics I think it may be appropriate to grant total immunity to the President and Vice President. Unless they are convicted by the Senate in an Impeachment trial. Otherwise this circus will continue and our system become even more dysfunctional. Another option is one put forth by Jonathan Turley. That Immunity exists while in office for all offenses unless Congress has passed a law that explicitly describes an act which is a crime and can be prosecuted.
Of course such Act of Congress would be subject to Constitutional control, so a Single party Congress could not pass any law it wanted in order to prosecute a President. As for the questions posed by the High Court last week during testimony; Once again we saw how some of the Justices are not very bright.
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