Comment

Michael Cohen Gets 3 Years, Blasts Trump in Court; Trump Says "The People Would Revolt" if He's Impeached

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lawhawk12/12/2018 1:08:59 pm PST

Further discussion why the DOJ guidelines against indictment of a sitting president fails to be persuasive. It relies heavily on equitable tolling to allow prosecutors the chance to go after a president for crimes that may have a statute of limitations that has run.

Say T commits crime X occurred in 2015 and has a 3 year time limit. T is president from 2017 to 2021. That would mean per the statute of limitations T can’t be charged - the statute of limitations has run.

Equitable tolling is a legal theory that would extend the SOL to a point where T could face justice.

The problem with this is that equitable tolling is speculative, hasn’t been tested either, and there’s even less justification for it under the law than indicting a sitting president.

There’s no reason to give the president immunity from criminal charges while sitting as president. None. The position isn’t above the law, and criminal charges are serious and can involve high crimes.