Robert Mueller said a sitting president can not be indicted. This concern isn’t as cleared up as he says.

You are watching: Can a state indict a sitting president

Can a sitting president be prosecuted in a criminal proceeding?

According to FBI one-of-a-kind counsel Robert Mueller, the price is “no.” In his very first public remarks since the release of his report, he said on Wednesday that “the Constitution calls for a procedure other 보다 the criminal justice mechanism to formally accuse a sit president the wrongdoing.”

But the concern isn’t as worked out as Mueller makes it out to be.

My colleague Dylan Matthews has actually an comprehensive explainer on whether Trump have the right to be prosecuted. Yet for a fast explainer top top this question, we made this concise chart to kind out the debate, with the assist of Michigan State University’s Brian Kalt, who has written top top this specific issue. (Kalt concludes the presidents are immune from prosecution yet concedes that there are unsettled debates on both sides.)

There room several an essential questions that need to be answered prior to concluding the a sit president deserve to be indicted. Yet eventually, all roads likely cause the supreme Court.


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