Former President Trump’s attorney argued in a hearing that a president must be impeached and convicted before being criminally charged.
The judge asked hypothetical questions about a president ordering an assassination and the attorney emphasized the need for a speedy impeachment and conviction.
The judge suggested that if presidents can be prosecuted under some circumstances, the separation of powers argument falls away. (Trending: Joe Biden Sets New Presidential Record)
Trump's lawyer just argued that a president could not be criminally prosecuted for ordering Seal Team 6 to assassinate a political rival unless he was first impeached and convicted by the Senate. https://t.co/mgJ6Zh8dFH
— James Surowiecki (@JamesSurowiecki) January 9, 2024
“Would such a president be subject to criminal prosecution if he is not impeached?” Judge Florence Pan asked.
“He would have to be speedily impeached and convicted,” Trump attorney John Sauer said.
“I asked you a yes or no question,” Pan said.
“My answer is a qualified yes,” Trump’s attorney pressed.
“There is a political process that would have to occur.”
The main issue is the interpretation of the impeachment judgment clause.
“Once you concede that presidents can be prosecuted under some circumstances, your separation of powers argument falls away,” Pan said.
“And the issues before us are narrowed to, are you correct in your interpretation of the impeachment judgment clause? Does the impeachment judgment clause actually say what you said it says? That’s all we really need to decide.”
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