There was some small degree of controversy about whether a sitting president could be prosecuted, as the Department of Justice Office of Legal Counsel issued a memorandum that a president could not during the term of office. This wasn’t law, but DoJ opinion, which ordinarily binds the federal government’s exercise of authority. And frankly, who would have ever thought we would need such an opinion, given that we’re talking about the president of the United States here, someone who should be a paragon of integrity, if nothing else. Would there ever be another Richard Milhous Nixon?
This was, upon reflection, the correct decision. So long as a person was president, the person could not be dragged into local courthouses by prosecutors who oppose the person to make it impossible to do the job of president. There is room for debate, but this was the only practical outcome. Continue reading
