(Kaylee McGhee, Liberty Headlines) Former Attorney General Eric Holder suggested he has found a loophole in the Constitution that allows for a sitting president to be indicted, in reference to President Donald Trump.
Constitution does not anticipate allowing a president who used fraud to obtain the office to remain in power. Executive branch paralysis during the criminal process is not a compelling argument- consider 25th Amendment. A sitting president can be indicted. https://t.co/zbcjdnJaD6
— Eric Holder (@EricHolder) 11 December 2018
Liberty Headlines reports:
On Monday, Holder shared a tweet containing a legal opinion from Harvard Law Professor Laurence Tribe that dispels the common legal opinion that a sitting president cannot be indicted. Tribe suggests the opposite is true.
The Department of Justice has always refused to consider such an option because if a president was indicted while in office, the executive branch would not be able to function properly, which would undermine the Constitution.
“The indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions,” the DOJ said in a 2000 memorandum.
And indictment isn’t necessary because the Constitution allows for impeachment and removal if the president commits “high crimes and misdemeanors.”
If such a case were to occur, federal charges could be pressed after the president is out of office.
Holder disputed this precedent and cited the 25th Amendment as evidence that a sitting president is just as liable as an average citizen.
“If a president is too occupied by a criminal case that they cannot run the executive branch … this could fall under the 25th Amendment,” Holder said, according to Law and Crime.
If the president is unwilling to admit he can’t do the job, Section 4 of the 25th Amendment should be invoked, which would allow the Vice President and the cabinet to make the call.