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The Daily cover image

Trump’s Case for Total Immunity

The Daily

NOTE

Implications of presidential impeachment and prosecution under the Constitution

The speaker highlights that according to the interpretation, a president can only be prosecuted for ordering a crime after being impeached and convicted by the Senate. This implies that impeachment, a political process, determines whether the judiciary can prosecute a crime. The interpretation suggests that the Constitution envisions a strong president with limited oversight through the impeachment process. Additionally, it is suggested that if a president is convicted after an impeachment trial, prosecution would be proper. The speaker also notes the contradiction in a president claiming absolute immunity, yet conceding that impeachment and Senate conviction would allow for prosecution.

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