As we all know from Special Prosecutor Robert Mueller’s investigation of Russian interference in the 2016, he could not bring any charges against President Trump because the Department of Justice has in place a long-standing policy of not prosecuting sitting Presidents.
We now ask that the Department rescind its policy as to Presidents. Our reasons follow :
Most importantly, we now see, by Mr. Trump’s conduct, that the policy allows a President pretty much to break the law wherever he likes, his only worry being that after he leaves office he loses any immunity from criminal responsibility and might be charged ,
A significant motive for his current lawless, unConstitutional conduct and his hurricane of lies, purposing his being able to remain in office, arises from his knowing that is immunity will end once he leaves office. Here he is no doubt correct. Little wonder that he is violating every oath and contemplating mad stuff. as long as he remains President, he is safe. Leave office, and all hell breaks lose.
Such a prospect might make far less guilty Presidents than Trump think twice about conceding election defeat.
Were the immunity policy rescinded, every President taking office would know that there was zero to be gained from his fighting against conceding election defeat, he would be chargeable every day in office already. Not immune under the law, a President might even temper his desire to “do what I want,’ as Trump once famously said a President could do. Not immune, she might seek advice of counsel before acting, rather than asking her lawyer after the fact to explain it away. Yes, the spectacle of a President in criminal court seated at the defense table with his lawyers, would demoralize many; and yes, undergoing a criminal trial would occupy may of his work hours. Yet is the difficulty here that much more burdensome than the job of President already is ? I think not.
Prosecutor Mueller clearly would have charged Mr. Trump with several crimes of collusion and subornation, also conspiracy, had the Department of Justice policy NOT been in place. But maybe, had no such policy existed., Mr. Trump would have been restrained from his impeachable conduct by the immanency of prosecution ?
Granted, that no Federal policy maker anticipated such a lawless figure as Mr. Trump ever coming close to winning the Presidency. Perhaps we were naive about human nature, even when politicking under a marvelously crafted Federal Constitution. Perhaps we just didn’t think things negatively enough. But now we know. Now we can see that the non-prosecution policy almost guarantees a bad Presidential end. Time top rescind it.
—- Mike Freedberg / Here and Sphere