General Discussion
In reply to the discussion: Laurence Tribe, Harvard Con law prof: Yes, a sitting President CAN be indicted. [View all]pnwmom
(110,316 posts)when you brought Louise Mensch into this discussion on whether a sitting President can be indicted, and claimed she says, "it is prevented by the thoroughly irrelevant Supremacy Clause."
While I'll concede that her mention of the Supremacy Clause seems odd, and that though Laurence Tribe's opinion is that a sitting President can be indicted, it isn't "wrong" to say otherwise -- your mistake is in the thought that Louise Mensch believes an indictment is barred by the clause. She doesn't. She and Claude Taylor specifically reported that DT has been indicted.
"Separate sources with links to the intelligence and justice communities have stated that a sealed indictment has been granted against Donald Trump.
"While it is understood that the Supremacy Clause of the Constitution means that, until Mr. Trump is impeached, he cannot be prosecuted, sources say that the indictment is intended by the FBI and prosecutors in the Justice Department to form the basis of Mr. Trumps impeachment."
She says he HAS bee indicted, but he cannot be PROSECUTED for a crime till after he has been impeached and convicted in Congress. In the meantime, the charges in the indictment can be used in drawing up the articles of impeachment.