Wednesday, December 12, 2018
Can President Trump be Criminally Charged? And Should He Be?
In the wake of the government's release of sentencing memos for Michael Cohen--and their fingering of President Trump for unlawful acts during the campaign--there's renewed interest in whether a president can be criminally charged.
We posted previously on this and related issues here (on President Trump's lawyers' take on the question) and here (on law profs' response). And here's the 2000 OLC memo.
Marty Lederman has an op-ed in today's NYT, where he argues that President Trump could be indicted, but that there are bigger fish to fry in the Mueller investigation:
Perhaps Mr. Trump will become the first president to face criminal charges. Perhaps not. But that's the least of it. We'd be wise to shift our attention from the unlikely possibility of a trial to the much more important matter of what the Mueller investigation might tell us about Mr. Trump's relationships with Russia and whether they compromise his ability to protect and defend the nation.