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A Little Advice

For the record: insanity is a defense for the accused, not his/her lawyers: Giuliani to HuffPost: Trump could have ‘shot James Comey’ and not be prosecuted.

While it is assumed that a President could not be tried for a crime while in office, there is no barrier for an indictment. There are statutes of limitations that may require that charges be filed while a President is still in office.

Impeachment is not a criminal process and does not affect the prohibition against double jeopardy. A grand jury issues indictments. It would be up to the President to request a stay, to avoid problems with the requirement for a speedy trial. If the indictment is issued and the prosecution fails to pursue it, the President could have a civil rights complaint.

Many of those who have looked at the letter that Trump’s lawyers sent to Mueller bemoan the quality of Trump’s legal team. If you are known for not paying lawyers or following their advice, it would be extremely difficult to get competent legal counsel. OTOH, any lawyer would have a difficult time trying to deal with Trump in a competent manner.

June 4, 2018   2 Comments