Current DOJ policy is The President of the United States should not be indicted while he/she is in office.

However, there is no law, Constitutional or Statutory, that would prohibit or prevent the indictment of a sitting President.

Answering the question posed requires a rudimentary understanding and appreciation of the difference and distinction between law and policy. The following is a very simple, uncomplicated, and demystified discussion and explanation:

"Laws and policies are very needed in our society as they help in maintaining law and order in the society and help in shaping political and social aspects of the society.

Though policies and laws can be interrelated, they are definitely two terms having different purposes. No nation can go forward without having certain laws and policies.

A policy is that which outlines what a government is going to do and what it can achieve for the society as a whole.

“Policy” also means what a government does not intend to do. It also evolves the principles that are needed for achieving the goal. Policies are only documents and not law, but these policies can lead to new laws.

Laws are set standards, principles, and procedures that must be followed in society. Law is mainly made for implementing justice in the society.

There are various types of laws framed like criminal laws, civil laws, and international laws. While a law is framed for bringing justice to the society, a policy is framed for achieving certain goals.

Laws are for the people, and policies are made in the name of the people.

Policies can be called a set of rules that guide any government or any organization.

Laws are administered through the courts. Laws are enforceable in which the policies comply.

A law is more formal as it is a system of rules and guidelines that are derived for the welfare and equity in society.

A policy is just informal as it is just a statement or a document of what is intended to be done in the future."

http://www.differencebetween.net/miscellaneous/politics/difference-...

Can a sitting President be indicted?

It seems that we may soon get an answer....

Views: 124

Comment by Doc Vega on December 10, 2018 at 7:21am

Indicted for what? Just because you disapprove? Obama should have been arrested much less impeached.

Comment by koshersalaami on December 10, 2018 at 7:22am

Other than in the mind of Kavanaugh, I didn’t think there was a question. Having a President that cannot be indicted strikes me as dangerous. 

Comment by alsoknownas on December 10, 2018 at 7:29am

Do you know if the policy is written or is it merely something that plays out as consensus? If not written would it take more than someone saying they were not bound by it? If it is written, would it take more than someone saying it is not law and therefore they are forced to comply?

Comment by Ron Powell on December 10, 2018 at 7:50am

@DV; The preferred protocol is impeach, then indict...

That's protocol pursuant to policy...Not law...

Trump has violated the law re campaign funds, obstruction of justice, witness tampering, consorting with foreign adversaries, the emoluments clause of the constitution, and perjury....

The list of violations of laws in various state jurisdictions is as extensive and damning....

The political love of your life is in serious trouble. For the first time in his life he may be called to account for his many and varied legal and ethical transgressions....

BTW....

He is in need of a Chief of Staff, no one seems to want the job...Here's your chance.

Your golden opportunity....Submit your resume and your signed oath of fealty....

You never know.

Comment by koshersalaami on December 10, 2018 at 7:53am

It might be a better path to an eventual job in the Trump organization than The Apprentice was. 

Comment by Ron Powell on December 10, 2018 at 8:05am
"Headnotes: 

The indictment or cnminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions."

https://www.justice.gov/olc/opinion/sitting-president’s-amenability-indictment-and-criminal-prosecution

Comment by Tom Cordle on December 10, 2018 at 8:40am

Men speak of justice being blind, well, if a President is above the law, then justice is willfully blind. The rule of law cannot truthfully be said to exist where any man is above the law.

Comment by alsoknownas on December 10, 2018 at 9:09am

Thanks Ron.

This was a typo: " If it is written, would it take more than someone saying it is not law and therefore they are forced to comply?"

Should have been "...and therefore they are not forced to comply…"

I appreciate your reading through the error.

Comment by Ron Powell on December 10, 2018 at 9:50am

@Kosh; "Having a President that cannot be indicted strikes me as dangerous."

It is....

Comment by Ron Powell on December 10, 2018 at 9:51am

@TC; "The rule of law cannot truthfully be said to exist where any man is above the law."

Agreed!

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