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Out Of Office, Trump Faces Significant Legal Jeopardy Options
Oscar D. Grouch
Posted: Friday, November 20, 2020 4:44:34 PM

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Once Out Of Office, Trump Faces Significant Legal Jeopardy
November 20, 2020 1:26 PM ET

https://www.npr.org/2020/11/20/937044524/once-out-of-office-trump-faces-significant-legal-peril

Of all the perks of being president, Donald Trump may soon miss most the legal protection that it affords.

For four years, Trump has benefited from the de facto immunity from prosecution that all presidents enjoy while in office. But that cloak will pass to Joe Biden when he's sworn in on Jan. 20, leaving Trump out in the legal cold.

"Clearly, the president enjoyed immunity when he was in office," said Danya Perry, a former state and federal prosecutor in New York. "And it's possible, as a matter of law, that he could be indicted on Jan. 21."

There's no indication that an indictment is imminent, and it's possible that Trump could emerge entirely unscathed. But there's also no doubt that once he's out of office, he'll be facing a higher level of legal jeopardy than he has in years.

"His legal risks increase immeasurably come Jan. 21, both on the civil and the criminal side," Perry said.

Potential federal liability:

The most developed case that could ensnare Trump might be out of the Southern District of New York. It stems from the federal prosecution against Michael Cohen, Trump's onetime personal attorney and fixer.

Cohen pleaded guilty to a range of crimes, including arranging illegal hush money payments to keep women silent during the 2016 campaign about extramarital affairs they say they had with Trump before he was president. Trump has denied the allegations.

Cohen has said he acted at the direction of and in coordination with Trump. Prosecutors, meanwhile, referred to the president in court papers as "Individual 1."

It is Justice Department policy that a sitting president cannot be indicted. So although it's possible for a president to break the law before or during his time in office, prosecutors' inability to seek an indictment effectively means he can't be accused, tried or punished while still in office.

Cohen's wrongdoing, which prosecutors tied to Trump without naming him, raises the question as to whether Trump might face charges of his own.

"Ordinarily, had the target not been a sitting president with immunity, I think 'Individual 1,' as he's referred to, very likely would have been prosecuted along with his aider and abettor, Michael Cohen," Perry said.

[continued]
thar
Posted: Saturday, November 21, 2020 6:39:16 AM

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That is where it comes in so useful to appoint your own judges!
Romany
Posted: Sunday, November 22, 2020 12:15:53 PM
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But not half as useful as granting any incumbent ruler of a country total legal immunity for the entire time they're in office.
Blaidd-Drwg
Posted: Sunday, November 22, 2020 5:52:37 PM

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Romany wrote:

But not half as useful as granting any incumbent ruler of a country total legal immunity for the entire time they're in office.


Romany, this is not an actual immunity. This is an example of how there are two standards and two separate sets of restrictions within US politics. This primarily applies to federal politics, but to some extent is also the case for state level.

To put it simply, what we have experienced with the current occupant could never have happened with anyone who is not a member of the republican party.
Ashwin Vemuri
Posted: Tuesday, November 24, 2020 1:58:36 AM

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Has any head of state in the US ever been implicated after his term in office? Isn't it true that both sides hold on to some secrets that help to stay safe?
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