Book contents
- The US Presidency
- The US Presidency
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- Introduction
- Part I Presidential Power
- Part I Conclusion
- Part II Responsibility
- Part II Conclusion
- Part III Accountability
- 14 Impeaching and Removing the President
- 15 Suing the President
- 16 Prosecuting the President
- 17 Investigating the President
- 18 Presidential Term Limits
- Part III Conclusion
- Epilogue
- Index
16 - Prosecuting the President
from Part III - Accountability
Published online by Cambridge University Press: 30 November 2025
Book contents
- The US Presidency
- The US Presidency
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- Introduction
- Part I Presidential Power
- Part I Conclusion
- Part II Responsibility
- Part II Conclusion
- Part III Accountability
- 14 Impeaching and Removing the President
- 15 Suing the President
- 16 Prosecuting the President
- 17 Investigating the President
- 18 Presidential Term Limits
- Part III Conclusion
- Epilogue
- Index
Summary
It’s one thing to say a sitting president can be civilly sued for personal capacity conduct, as the Court held in Clinton v. Jones. It’s quite another to say that a sitting president can be indicted for a crime. Or are they so different? The courts have never addressed this question. The Department of Justice (DOJ) in three Office of Legal Counsel memos (1974, 2000, and 2019) answered in the negative. Other lawyers and legal scholars disagree.
Information
- Type
- Chapter
- Information
- The U.S. PresidencyPower, Responsibility, and Accountability, pp. 246 - 265Publisher: Cambridge University PressPrint publication year: 2025
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