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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.


1 Badtux { 06.05.18 at 1:21 am }

Here’s some questions: Let’s say that Trump stands out in the middle of 5th Avenue in New York City and shoots and kills Robert Mueller.

1) Can the State of New York indict Trump for murder while he is still President?
2) Can the State of New York issue an arrest warrant for Trump while he is still President?
3) If the State of New York issues an arrest warrant for Trump and Trump’s team does not voluntarily turn him over for a bail hearing, can the State of New York issue a BOLO for his forcible arrest if he is still President?
4) If Trump violates the term of his bail, can he be arrested and jailed pending trial if he is still President?
5) If Trump is convicted, can he be imprisoned in a minimum security prison in New York State while he is still President?
6) If Trump violates the rules of whatever minimum security prison he’s imprisoned in, can be be transferred to Attica while he is still President?

I see nothing in the Constitution that would prevent the State of New York from doing any of the above. There would be practical issues, like how do you arrest a man who is being protected by the Secret Service — but the Tenth Amendment still appears to allow criminal charges in the case of a crime that occurs within a state. Hmm.

2 Bryan { 06.05.18 at 1:32 pm }

Trump would be indicted by the district attorney of the Borough of Manhattan in the City and County of New York and a warrant would be issued for his arrest. If he was found to have fled the jurisdiction an extradition request would be filed with the local government where he is located. Now, like Julian Assange, the police for the District of Columbia would probably be barred from removing him from the White House, but outside of the White House or other Federal properties he could be arrested.

If he were the ambassador of Mexico [or any other foreign country], New York couldn’t touch him because of diplomatic immunity established under the Vienna Convention. No one would want a gun fight between locals and the Secret Service, but there is nothing that prevents a state from getting an indictment against sitting President.

BTW, in your case, if he went back to DC New York would apply for a Federal warrant for “interstate flight to avoid prosecution” in addition to the state charges and apply to have his passport canceled and placement on the “No Fly” list.

Depending on the whim of the DA, a lot of White House officials could be charged with conspiracy, aiding & abetting, mopery, felonious stupidity, et al. – let’s just say that NYC would not be a welcoming environment for anyone associated with Trump and civil forfeiture would take place on a grand scale.

Frankly both the acting Attorney General of New York and Manhattan DA want a look at what the Feds got in their Cohen raids. Trump has worn out his welcome in New York.