Former President Trump’s attorney argued in a hearing that a president would have to be impeached and convicted before being criminally charged with any crime.
The judge questioned whether a president could be subject to criminal prosecution if not impeached, to which Trump’s attorney said that the president must be impeached and convicted before being held criminally liable.
The judge emphasized the need to decide if the impeachment judgment clause actually says what the attorney claimed. (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
“That is an official act, an order to SEAL Team Six? … 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 D. John Sauer said.
“I asked you a yes or no question,” Pan said.
“My answer is a qualified yes,” Sauer said.
“There is a political process that would have to occur.”
“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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