Laurence Tribe, Harvard Con law prof: Yes, a sitting President CAN be indicted.

[jberryhill]

8. While I agree with Prof. Tribe...

...and I don't understand why people have been saying it is impossible, the opinion of either myself or Prof. Tribe does not make anyone "wrong". One of those "wrong" people to whom you refer of course, would be Louise Mensch who oddly claims it is prevented by the thoroughly irrelevant Supremacy Clause of the Constitution, which has absolutely no bearing on the question.

What it would be is a novel situation. The way that novel circumstances are analyzed is by finding the most closely analogous circumstances and determining whether the differences are relevant in some legally determinative way. Often, one comes up with fairly high confidence in the result.

But thinking that one expert's opinion makes a proposition "right" or "wrong" is a little simplistic. If that's the way things worked, cases would never reach the Supreme Court since, by the time they do, there are experts either way. Tribe is highly respected, but is not the last word on the subject either. Again, while I agree with him on this point, at the end of the day what you have is his opinion, and not a "right" or "wrong" answer.