• Kirp123@lemmy.world
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    16 hours ago

    Is it actual law that he can’t be prosecuted while in office? I thought that was just a policy and not actual law.

    Like you’re telling me that if the US President kills a guy he won’t be prosecuted for it until he leaves office?

    • mkwt@lemmy.world
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      16 hours ago

      There’s no black letter law on this. Just the 80s DOJ memo. But that memo is based on an analysis of the constitution and relevant cases.

      Consider the reasoning in Trump v. US; Justice Kavanaugh’s past statements on the presidency; the way Trump got sentenced to a general discharge in the New York case; and the way the Colorado challenge to his 2024 candidacy was disposed.

      Given all that, I don’t see how a real case would come out differently than the memo. At the very least, you gotta make it a D president with this SC.