Regarding statute of limitations and the apparent immunity of the presidential office

[AndJusticeForSome]

The question of whether a criminal may take advantage of the unwillingness of the DOJ to indict a sitting president, by running out the clock on the statute of limitations (SOL) for the crime(s), is critical for us at this point.

Apparently, having not been tested, it may well be headed to the SCOTUS.

According to constitutional lawyer and former Acting Solicitor General (who authored the Special Counsel regulations) if the logic for not allowing indictment is to either pevent a) distractions associated with a trial, or b) the risk of abuse by political adversaries, then the only solution is to either 1) allow for indictment but delay trial until the president is unseated or 2) stop the clock on the SOL until the president is unseated.

Otherwise, someone (the president) is, de facto, above the law, and can abuse the Office by using it as a shield from criminal behavior.

I infer that Katyal believes that the SCOTUS would agree to protect the Rule of Law.

Listen to the excellent 12/8 Renato Mariotti podcast "On Topic", with guest Neal Katyal. They discuss this and other related issues.

It definitely relieved some of my anxiety worrying about Trump escaping justice.

[MaryMagdaline]

1. I've been thinking this same thing. File it timely and worst case, the Supremes will stay the case

until president is out of office.

[guillaumeb]

2. Do you have a link for this? eom

[AndJusticeForSome]

5. Yes

https://castbox.fm/vb/103169286

I didn't include it because I am not very fluent in podcast, and this one is within an app I have installed on my phone, so not sure how that will translate.

[unblock]

3. right, there's really zero argument that the president can't be *indicted*

merely being indicted doesn't in and of itself interfere with a president'a constitutional duties.

but a *trial* might (though the supreme court allowed a civil case against a sitting president to proceed).

then the president can ask the court to delay until he's out of office. my understanding is that since the delay is at the request of the defendant, he couldn't use that excuse to get out of any applicable statute of limitations.

[Claritie Pixie]

4. That podcast is excellent. I think #1 will be the outcome.