[View here as a Twitter thread]
3/ Because the Constitution gives procedures for impeachment, some scholars say POTUS must 1st be impeached & removed. Others say the history and language of the Constitution and SCOTUS precedence suggests that nobody has immunity (& civil cases can be brought against a POTUS).
4/ Separate issue: Does Mueller’s appointment includes power to indict Trump? Starr’s did, but Mueller’s power is more limited. The answer isn’t clear. But here’s something Mueller CAN do: Name Trump as an unindicted co-conspirator. IOW, while not personally indicted, Trump. . .
5/ . . can be named in other indictments as a co-conspirator (as with Nixon). Everyone will know what that means: Mueller has evidence on him, but isn’t indicting him (yet) & don’t forget, the Trump Org absolutely can be indicted if it’s found to be a racketeering organization.
6/ Updating this thread because former Soliciter General Dellinger weighed in: nytimes.com/2018/03/26/opi… Dellinger says that while a sitting POTUS shouldn’t have to submit to a criminal trial, if a grand jury finds crimes, the president can be indicted and the trial postponed.
7/ Otherwise, the statute of limitations may run. (SOL=timeframe in which actions can be brought.) If POTUS waives the SOL he can be indicted later. But nothing in the Constitution bars indictment of a POTUS or shields him from accountability for criminal wrongdoing.
