The Office of Legal Counsel argument from 1973 that the President could not be indicted rested on the notion that such an indictment
‘‘would interfere with the President’s unique official duties, most of which cannot be performed by anyone else.” Id. at 28. Moreover, “during the past century the duties of the Presidency . . . have become so onerous that a President may not be able fully to discharge the powers and duties of his office if he had to defend a criminal prosecution.”
Makes some sense.
But then there’s this from this week’s blockbuster piece in the New York Times:
Trump Has Publicly Attacked
the Russia Investigation
More Than 1,100 Times
It’s hard to see how this President’s having “to defend a criminal prosecution” could require more time than he’s already been spending, launching more than 1,100 attacks on the investigation that might lead to such an indictment.