02-10-2021, 11:49 AM
(02-10-2021, 11:40 AM)michaelsean Wrote: They can do both, and I know there are arguments about indicting a sitting President, but I’ve never heard it argued he couldn’t be indicted after he is out of office either through impeachment or his term has ended.
Officials have immunity from prosecution for acts committed during their service as part of their official roles. You would have to argue that this act was a private act not one of his official capacity, however, Trump's team would argue simply communicating with citizens is an official act of the office and therefore immune to prosecution.
It would be a really fascinating case to watch unfold, but I doubt anyone would pursue it. On the other hand, the election tampering in Georiga they are investigating would very clearly be outside the official capacity of the office and would, potentially will, be free game.
