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We the People cover image

Is President Trump Immune From Prosecution?

We the People

NOTE

Presidential vs. Legislative Immunity in the Constitution

The Constitution does not provide textual immunity for presidents as it does for legislators. While there was a suggestion to consider executive privileges during the Constitution's drafting, it was not taken up. This lack of explicit protection for the executive, compared to the immunity granted to legislators, suggests intentional design. The framers aimed to prevent an inviolable executive akin to the British king. They envisioned a leader who could be held accountable and subject to trial if necessary, as highlighted in pamphlets defending the Constitution.

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