this post was submitted on 10 Jul 2024
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Maybe you're partially remembering the opinion (and it was just an opinion, not legal precedent) that a sitting President cannot be prosecuted for crimes? But the whole basis for that idea was that the proper remedy is impeachment to remove them from office, and upon being removed from office they can be charged with crimes by the DOJ (which they would no longer be the head of). This is what shielded Trump while he was in office, as his DOJ declined to prosecute him citing this logic as the reason.
Yeah that's probably what I was thinking of. I didn't realize it was specific to sitting presidents. But then again any criminal trial would be heavily dependant on who the next president is. Like this very well could have played out in the 80s except that Ford pardoned Nixon. I appreciate you helping to refresh my memory.