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

Posted on 1/11/24 at 1:15 pm to
Posted by Indefatigable
Member since Jan 2019
27204 posts
Posted on 1/11/24 at 1:15 pm to
quote:

DOJ’s memos on the subject which have been around for decades.

DOJ memos addressing State charges? Or DOJ memos addressing internal DOJ policy with respect to federal charges?

quote:

And the Federalist writings on the subject.

Which of the Federalist Papers?
Posted by the808bass
The Lou
Member since Oct 2012
111798 posts
Posted on 1/11/24 at 1:18 pm to
quote:

DOJ memos addressing State charges? Or DOJ memos addressing internal DOJ policy with respect to federal charges?


Yes.

quote:

A Sitting President’s Amenability to Indictment and Criminal Prosecution

The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions

October 16, 2000
Memorandum
Opinion for the Attorney General

In 1973, the Department concluded that the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions.

We have been asked to summarize and review the analysis provided in support of that conclusion, and to consider whether any subsequent developments in the law lead us today to reconsider and modify or disavow that determination.

We believe that the conclu­sion reached by the Department in 1973 still represents the best interpretation of Constitution.


LINK
This post was edited on 1/11/24 at 1:24 pm
Posted by the808bass
The Lou
Member since Oct 2012
111798 posts
Posted on 1/11/24 at 1:24 pm to
quote:

Which of the Federalist Papers?


I quoted them in the other thread the other day. Hamilton laid out the process in steps. Impeachment and removal came first.
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