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We the People
Is President Trump Immune From Prosecution?
Apr 25, 2024
Constitutional law experts John Yoo and Smita Ghosh discuss President Trump's immunity from prosecution, exploring historical precedents, legal arguments, obstruction charges, Sarbanes-Oxley implications, and the impact on January sixth cases. They highlight the need for timely resolution in legal cases to avoid influencing election outcomes.
52:57
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Quick takeaways
- Presidential criminal immunity lacks legal basis and contrasts with legislative immunity.
- Impeachment's historical intent focused on removal, not exempting criminal prosecution post-office.
Deep dives
President Trump's Arguments for Presidential Immunity
President Trump argues for absolute immunity from federal criminal prosecution based on constitutional text, claiming presidents already have civil immunity. His functional argument questions the stability of the country if presidents could be prosecuted after their term. However, experts like John Yu find these arguments rely more on policy than legal foundations.
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