Member-only story
Prosecuting Donald Trump
. Donald Trump is an ambulatory catastrophe. If he is not a traitor by design, he is one by result. From destroying our alliances, supporting our foes and doing everything possible to divide America, Trump is a one-man America wrecking crew. But most left-of-center Americans and the remaining honorable conservatives seem to be in suspended animation waiting for the Special Prosecutor to issue a report detailing Trump’s misdeeds, which they fantasize will be followed by a Presidential perp walk to a federal criminal trial and prison.
. That will never happen while Trump is in office and is highly unlikely after he leaves office.
. This is why.
. Can President Trump be arrested while serving as President? The Constitution does not bar it. The issue of arresting certain officers of the federal government was addressed by the Constitutional Convention in 1787. Article I, Section 6 of the U.S. Constitution states, in part: “The senators and representatives…shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.” No such protection was provided for the President.
. But who would be able to obtain a warrant to arrest the President? Presumably, the FBI. Who could order the FBI to secure that warrant? The Special Prosecutor? He has not been granted that power by Congress, as…