Decided to look at the Constitution

[StarfishSaver]

34. The entire paragraph refers to the aftermath of impeachment and conviction

It says that once someone is impeached and convicted, the only penalties available are removal from office and disqualification from holding appointed federal office, but "but the party convicted" can be charged with a crime. It does not say that a sitting president can be indicted. It says that a convicted and removed president can be be indicted. Two different things.

If the drafters had intended to say that a sitting president (or any other sitting officer) could be indicted of any crime while in office, they would have stated it outright and included it elsewhere in the document - most likely in Article II under the presidency. They wouldn't have buried this instruction in the impeachment clause and attached it to one very narrow class of person ("a party {impeached and} convicted".)

I'm not arguing that a president cannot be indicted while in office - just saying that nowhere does the Constitution expressly authorize the indictment of a sitting president.