LogFAQs > #907311393

streamofthesky posted...

So, can a sitting president go on trial in a court of law and potentially get sent to jail? I assume so, but the idea is just so insane that I literally can't picture it happening.

Not legally tested, but he likely cannot. This was argued with both Richard Nixon and Bill Clinton and the general consensus was that because the President has constitutionally assigned duties that a criminal trial would interfere with, he cannot be indicted or tried while holding office (this isn't a universally-held opinion, but it does seem to be where most legal scholars land on the issue).

If Mueller uncovers evidence that Trump committed a crime, he could potentially pursue charges (which would send the issue of whether or not Trump can even be charged while still in office to the courts, almost assuredly winding up in the Supreme Court); more likely, though, he would pass things over to Congress who would decide whether to begin impeachment proceedings. If Trump is impeached and removed from office, *then* he can be charged and tried like anyone else.
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