re: Trump’s Boldest Argument Yet: Immunity From Prosecution for Assassinations

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If he is successfully impeached, then he can be prosecuted.

Impeachment conviction lifts immunity.


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Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

U.S. CONST. art. I, § 3, cl. 7

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You are not even making it as eloquently as Sauer did.

The law is often like a one-way valve it doesn't work if you argue in the negative.

What this passage conveys is an impeachment conviction having the sole remedy of removal and prevention from holding office again does not negate the party from being tried and convicted in a court where the penalties are separate from those of an impeachment conviction. It is designed to prevent a President from arguing he was impeached and convicted, received the maximum penalty from that conviction therefore he can not be subsequently tried, convicted and punished in another court. Without the passage it would effectively allow a President to shoot his VP in the head and the sole penalty be removal from office and inability to hold office later.

What the passage does not do is provide blanket immunity to a President if he was not impeached and convicted by Congress.

I think this is an interesting argument when combined with his former attorneys arguing he could not be impeached once leaving office. This one leave a situation where a president could poison his SOS a minute before his term needed and be immune from any prosecution.