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southpaw
The notion that a) the constitution absolutely forbids charging the sitting president for crimes, and b) the statute of limitations for those crimes *still runs while he’s in office* so he might never face charges, shows how fatuous the constitutional analysis was to begin with.
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southpaw 9 Dec 18
Replying to @nycsouthpaw
Two terms is longer than the statute of limitations for most election law felonies. And Presidential term limits weren’t part of the Constitution until 1951, much later than the provisions DOJ memo writers relied on to claim sitting Presidents can’t be charged as a matter of law.
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Chase Teeples 9 Dec 18
Replying to @nycsouthpaw
This is accurate. No reasonable attorney should argue that the SOL wouldn’t be tolled while the prosecutors wait for a POTUS to finish his elected terms in office. This is exactly the kind of special circumstance tolling doctrine exists to address.
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bmaz 9 Dec 18
Oh no, I can definitely see it being argued and, absent some provision passed by Congress (which Trump would veto) I'd think the argument might succeed.
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Local Crank 9 Dec 18
Replying to @nycsouthpaw
Where are all the originalist, plain meaning scholars now?
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⚜️sonotpopular⚜️ 9 Dec 18
They are originalists only when it suits them
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Michael Heinz 9 Dec 18
Replying to @nycsouthpaw
The constitution guarantees a republican form of government at all levels. The same form of government all levels. If a governor can be indicted, a president can be indicted. I don't get how it isn't that simple.
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Will Stancil 9 Dec 18
Replying to @nycsouthpaw
“If you ever leave office, you can be subject to prosecution” creates some pretty weird incentives!
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Luke O'Brien 9 Dec 18
Replying to @whstancil @nycsouthpaw
It’s literally why Julius Caesar crossed the Rubicon and marched on Rome.
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Paul Safier 9 Dec 18
Replying to @nycsouthpaw
Yeah, I had just assumed that the SOL is tolled during the period of temporary immunity. Otherwise, the doctrine is just absurd.
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Is It 2021 Yet? 9 Dec 18
Paula Jones filed her civil suit against Bill Clinton two days before the statute of limitations expired.
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