NPR

'White House Arrest?' Legal Experts Disagree About Prosecuting A President

Special counsel Robert Mueller may be a long way from charging anyone with wrongdoing, let alone the president. But a debate has raged since the country's founding about indicting a sitting president.
A protester holds up a sign during a July 11 rally calling for accountability regarding alleged collusion between the Trump campaign and the Russian government. / ANDREW CABALLERO-REYNOLDS / Getty Images

The debate over whether the president of the United States can be charged with a crime is as old as the country itself.

comes from the diary of a Pennsylvania senator, who recorded "a heated debate on this very issue" in September 1789, said Hofstra University Law School professor Eric Freedman. "For those who believe The words of the Constitution aren't much help either. It talks about impeachment, removing a president from office. But the document is vague on the issue of whether a president can be indicted while he holds the office. "We tend to talk about it as one big on-off switch," explained Harvard Law School professor Andrew Crespo. "But, really, the question ought to be: can he be investigated, can he be indicted, can he be made to stand trial, can he be sentenced? And the burdens imposed by each of those steps of the process are different." And so, that debate has raged.

You’re reading a preview, subscribe to read more.

More from NPR

NPR2 min readWorld
Housing Costs Keep Inflation Stubborn; New Report On Maui Wildfires Released
Inflation is proving stubborn this year, and the cost of rent may be to blame. Hawaii's attorney general has released the first report into last year's Maui fires.
NPR3 min read
Dickey Betts, Founding Member Of The Allman Brothers Band, Dies At 80
The influential guitarist, songwriter and singer was best known for the song "Ramblin' Man." Betts's blues, rock and country-influenced guitar style helped define Southern rock in the 1960s and '70s.
NPR4 min read
Wildfire Smoke Contributes To Thousands Of Deaths Each Year In The U.S.
Two new studies show the unseen toll smoke is taking on people across the country. Climate change is likely to make the problem even bigger.

Related Books & Audiobooks