Breaking down what is known so far from Robert Mueller’s investigation of Donald Trump, MSNBC’s Danny Cevallos outlined the obstacles to indicting a sitting president and explained the simplest way to bring Trump before a judge.
According to Cevallos — a former criminal defense attorney –, he doesn’t believe that Trump faces immediate indictment because that could only come after impeachment, which is problematic with Republican majority Senate.
“I’m part of the minority that believes that the sitting president may not be indicted,” he confessed. “There are two pieces of evidence. Number one: it’s structural. The Constitution says a president shall be impeached, removed, and then subject to trial. The second is practical. If you arrest him, you arrest the entire executive branch. The vice president doesn’t step in unless and until impeachment and removal.”
After explaining the statute of limitations on crimes that may have been committed by the president, Cevallos proposed a scenario describing the earliest time Trump could face indictment — short of impeachment.
“Generally, federal laws have a statute of limitation of about five years, we just use that for an example,” he explained. “With conspiracy, the conspiracy statute of limitation starts running from the date of the last conspirator’s act. For example, if an act was committed last week, you add five years.”
“Now we’re potentially assuming President Trump might be a one-term president, you’re outside the first term and he’s a citizen again,” he elaborated. “He can conceivably be indicted while a citizen and you avoid the entire thorny issue of whether or not you can indict a president.”
Watch the video below via MSNBC:
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