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Will the Trump Prosecutions Go Away? (with Barb McQuade)
Nov 8, 2024
Barb McQuade, former U.S. Attorney for the Eastern District of Michigan, joins the discussion to explore the implications of Donald Trump's potential reelection on his ongoing legal matters. They analyze the status of Trump's civil cases in Manhattan and Georgia. The conversation delves into the complexities of prosecuting a sitting president while examining the historical context and legal challenges surrounding presidential accountability. The duo also contemplates the consequences of a Justice Department under Trump and what it might look like.
06:44
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Quick takeaways
- Legal proceedings against Trump are complicated by his presidential status, suggesting prosecutions are unlikely to advance during his tenure.
- The OLC memorandum indicates that constitutional concerns may delay trials until after Trump's presidency, avoiding distractions from his duties.
Deep dives
Impact of Presidential Status on Legal Proceedings
The legal proceedings against Donald Trump become complicated by his status as a sitting president. Experts agree that it is unlikely for either state prosecution in Manhattan or Georgia to advance while he holds office. The Office of Legal Counsel (OLC) memorandum reinforces this idea, suggesting that charging a sitting president could distract him from fulfilling his presidential duties. As a potential solution, fines might be imposed while he remains a private citizen, but custodial sentences appear to be off the table during his presidency.
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