Let's keep pointing this out. The Constitution does NOT offer presidential immunity. It only states (and this is merely by interpretation of separation of powers) that the Office of the President is not subject to the judiciary during the term of the presidency.
Only Congress can prosecute the Office of the President.
There is nothing...zero...in the Constitution that prevents ex-presidents from being prosecuted for past crimes once they are no longer serving in office though. As long as the statute of limitations has not expired, an individual who used to be president can be prosecuted in the judicial system.
There is no conflict with separation of powers in that case. An ex-president can obviously argue that what he did, he did as CiC in his capacity to defend America, and therefore he is innocent, but in theory he may be required to prove that when mounting his defense.
This is what Trump is pushing the courts to clearly state. I applaud him for this, because the lefties are going to walk right into the trap. Unfortunately, it does open up presidents to politically motivated persecution after they have left office, which could have a chilling effect on what they do while in office. SCOTUS will need to be very careful on how they resolve that problem.
BTW, murder (e.g. drone strikes) has no statute of limitations (18 USC 3281) Nor do sexual crimes against children (18 USC 3283)
"Unfortunately, it does open up presidents to politically motivated persecution after they have left office, which could have a chilling effect on what they do while in office. SCOTUS will need to be very careful on how they resolve that problem."
Definitely a "be careful what you wish for" scenario.
Let's keep pointing this out. The Constitution does NOT offer presidential immunity. It only states (and this is merely by interpretation of separation of powers) that the Office of the President is not subject to the judiciary during the term of the presidency.
Only Congress can prosecute the Office of the President.
There is nothing...zero...in the Constitution that prevents ex-presidents from being prosecuted for past crimes once they are no longer serving in office though. As long as the statute of limitations has not expired, an individual who used to be president can be prosecuted in the judicial system.
There is no conflict with separation of powers in that case. An ex-president can obviously argue that what he did, he did as CiC in his capacity to defend America, and therefore he is innocent, but in theory he may be required to prove that when mounting his defense.
This is what Trump is pushing the courts to clearly state. I applaud him for this, because the lefties are going to walk right into the trap. Unfortunately, it does open up presidents to politically motivated persecution after they have left office, which could have a chilling effect on what they do while in office. SCOTUS will need to be very careful on how they resolve that problem.
BTW, murder (e.g. drone strikes) has no statute of limitations (18 USC 3281) Nor do sexual crimes against children (18 USC 3283)
It's going to be fun.
Those drone strikes were god awful. I think obamas frost drone strikes was a school or wedding I think?
https://www.thebureauinvestigates.com/stories/2017-01-17/obamas-covert-drone-war-in-numbers-ten-times-more-strikes-than-bush
"Unfortunately, it does open up presidents to politically motivated persecution after they have left office, which could have a chilling effect on what they do while in office. SCOTUS will need to be very careful on how they resolve that problem."
Definitely a "be careful what you wish for" scenario.