Is President Trump Immune From Prosecution?
We the People
Presidential Immunity from Prosecution: Historical Precedents and Legal Arguments
This chapter delves into the historical evidence and arguments against presidential immunity from prosecution, referencing specific clauses from the Constitution, the Federalist Papers, and historical concerns around the impeachment process. It explores textual arguments related to impeachment judgment clauses, lack of textual immunity for presidents in the Constitution, and functional reasons against broad immunity, with a focus on the prosecutability of sitting presidents. The speakers discuss legal arguments made in different cases related to presidential immunity, especially in the context of election fraud and criminal statutes, highlighting the limited constitutional role of the president, clear statement rules, separation of powers, and the argument of qualified immunity for the president.
