Probe Lawyers Thinks Mueller Could Indict Trump

[djg21]

33. Which scholars do?

If it were that easy of a question to answer, we would not be having this discussion and there would be no debate. While I agree that the argument for allowimg indictment may be stronger based on the Constitutional text, there certainly are policy considerations that would support a rule that a President can only be indicted after he is impeached and removed from office. If a President engages in high crimes or misdemeanors while in office, she/he should be impeached and indicted. But to indict a sitting President before impeachment proceeding certainly would distract her/him from the day-to-day responsibilities of the office.

On edit: The language of the text says “but the Party convicted [in an impeachment trial conducted before the Senate] shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law." Use of the term “convicted” in the past tense suggests that the president would have to be impeached before being indicted.