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If you were not guilty of something you're suspected of doing, would you not take every opportunity to demonstrate your innocence, instead of making choices and acting in ways that scream guilty?
If you were not guilty of something you're suspected of doing, would you not take every opportunity to demonstrate your innocence, instead of making choices and acting in ways that scream guilty?
A person on Twitter asked an interesting question regarding Presidential immunity from indictment, to wit: if the President were to physically assault his wife inside the White House, would he be subject to prosecution for domestic battery?
It is a bit of an extreme example, admittedly. However, if one argues that the President cannot be prosecuted because he is 'above the law', then it seems that the argument would lead to 'no indictment' for this crime. However, I believe most Americans would reject this argument, at least in this particular example.
Anyway, we must recall that there are two periods of time under consideration: the actions of Donald J. Trump prior to January 20, 2016, and his actions thereafter as President.
So, if Mr. Trump engaged in illegal activity prior to January 20, 2016, can he be prosecuted for such crimes after assuming office? In other words, does assuming the Office of the Presidency throw a blanket of immunity over him?
I would doubt it. After all, the White Water investigation was clearly about alleged criminal activity committed well prior to Mr. Clinton becoming President. If Mr. Clinton had obtained immunity upon taking the oath of office, then there would have been no investigation at all.
As for crimes that may have been committed after assuming the Presidency: it is possible that the Courts would make a distinction: crimes committed while performing his duties as President, and crimes that are unconnected to the office.
Battery against his wife (to use the example given) would clearly be a crime unconnected to his duties as President. Other crimes, such as leaking of classified information to foreign entities (recall Mr. Trump's meeting in the Oval Office with some Russians) could be argued as being part and parcel of his duties as President.
It is an interesting subject to mull over, at the least.
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