RE: What Happens When He Leaves?28 Nov 2020 16:06
But even some of Trump’s critics assert that, unlike governors or foreign leaders, the president of the United States cannot be indicted while in office. Many scholars like Yale professor Akhil Reed Amar insist that “The Framers implicitly immunized a sitting president from ordinary criminal prosecution.” The “implicit” part is the problem.
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An indictment would not prevent a a president-elect from assuming office. In that situation, Congress could impeach the new president or refuse to certify the election results (which would provoke a constitutional crisis).