but it's highly unlikely.
"Can a sitting President be convicted of a criminal offense? Or, must he be impeached first, then tried?"
A. There is no easy answer to the question, as it is a matter of interpretation. I think most Constitutional scholars would agree that
the notion of separation of powers prevents the President, and perhaps the Vice President, from being prosecuted in criminal court while in office. So for a conviction, the President would have to either be removed from office, or the trial would have to wait until his term expired. Where there is less certainty is if a sitting President can be indicted while in office. In 1999, there were rumors that President Clinton might be indicted by Independent Council Kenneth Starr while Clinton was still in office, but this never came about.
"If a President has civil litigation brought against him during his term in office must this be handled while he is in office? Or, can it be deferred until his term expires?"
A. A civil case can be deferred, and before 1997, most people would likely have guessed that any civil case filed against the President would be deferred. However, a Supreme Court ruling against President Clinton in 1997 allowed a civil case against him to proceed. The reasoning was that since the case against him concerned acts committed prior to his taking office, that the Presidency did not lend him a shield against such litigation.
The decision would seem to leave in place the notion that a President cannot be sued for actions taken as President, protecting Presidents from frivolous lawsuits designed to tie up an administration's conduct of national business.http://www.usconstitution.net/constfaq.htmlBTW, this is a good site for kids in government classes...it really explains the Constitution in modern language. My students love it! :)