Same answer Law Twitter usually gives: "It depends." But probably not if it's a conspiracy charge, because the conspiracy presumably continued after 12/29/16, so that's not when the clock would've started ticking.
Gonna ask this question of Law Twitter again. If Mueller finds Trump ordered Flynn to undercut sanctions on 12/29/16 & that's part of a conspiracy with the Russians agreed to on 6/9/16, can he prosecute former POTUS Trump until 12/28/21?
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Meaning you can't prosecute Trump for entering into a conspiracy before he becomes president if much of the payoff part is during his presidency?
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Oh, I thought you were asking about the statute of limitations. No, I can't see how the conspiracy continuing into Trump's presidency could somehow nullify the illegality of any acts he committed before his presidency.
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So if Trump acts in 2016 furthered the conspiracy he could be indicted for most of 2021 assuming he’s not re-elected.
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Beyond that, even. The acts of other conspirators extend the limitations period for all conspirators, not just whichever one did it. Even if Trump's acts as president can't be part of the offense, the limitations period would start anew with each overt act by others.
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In general statute of limitations 4 most federal offenses is 5 years. In the case of a conspiracy it does not begin 2 run until the last overt act and if a part of the conspiracy is to prevent its discovery or obstruct investigation into it the clock does not begin till that ends
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Don’t assume the crimes ended on 12/19/16.
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Or 12/29/16, excuse me.
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In 1973, US Att George Beall opened corruption investigation in Balt. Co. Target was current political leadership. He initially discounted rumors of Agnew's involvement. Agnew hadn't been co. exec since 1966, and any misdeeds done then would be past the statute of limitations.
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If one crook left NYC at Noon, traveling at 100 mph, and another crook left DC at 2pm at warp speed, how soon would these to fukkers end up in Prison ?
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Depends on whether the Prison is in Philadelphia or Baltimore.
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As far as I understand: Mueller cannot prosecute a sitting president even if he commits incontrovertible murder rape and treason on live TV. His investigation can be used for impeachment proceedings, which is the only court in which a sitting president can be tried.
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That's a finding by the DOJ. The Constitution doesn't say a Presidnet cant be indicted, only that he can only be removed from office by impeachment. Presumably he could serve from prison.
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I disagree with your reading of 1-3-7. My understanding is that any indictment, suit, etc would come AFTER impeachment.
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Sure. And conspiracy framing may extend statute well beyond that.
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Another reason to believe that a sitting President CAN be indicted - because statute of limitations on offenses committed in office would truly place him above the law. Seems clear: he can be indicted, although court may require stay of prosecution while in office.
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No one knows for sure whether a sitting POTUS can be indicted bc it would be a case of 1st impression. But to safeguard a cause of action in the event the Court finds no tolling, perhaps there could be a sealed indictment to be unsealed at end of term.
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