Home Donald Trump Trump Provides Huge Hole in the Argument the President Can’t Be Indicted

Trump Provides Huge Hole in the Argument the President Can’t Be Indicted

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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.

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