In New York, has been sentenced Donald trump’s former attorney Michael Cohen to a term of imprisonment. The procedure was originally investigated by special investigator Robert Mueller, the possible Connections of trump’s campaign team with Russia, the New York U.S. attorney’s office has been assigned to, hiring their own investigation, and Cohen convicted in other crimes – including tax evasion, Bank fraud and violation of the election donation laws.
Cohen had known several of the points made guilty. Documents of the Ministry of justice, in the course of the process public, suggest that Trump could have made a punishable offence.
A Central question now is: Can President-in-office in a criminal case before the court? According to trump’s attorney, Rudolph Giuliani, the answer is clearly: no. But it is not.
what allegations it is?
In the course of the presidential election campaign of 2016, prompted Cohen to the payment of hush money to two women who claimed with a Trump to have an affair or had Sex. The a, porn actress Stormy Daniels, received directly from trump’s attorney Cohen $ 130,000. In the other, Ex-Playmate Karen McDougal, took care of Cohen so that the rights to her story were bought from a trusted publisher for $ 150,000. This, so the Plan should never be publish.
Before the election, no juicy Details about Trump should be known, which can diminish had prospects of success. So the payments may be counted as a campaign donation, but this was not specified by trump’s Team as such.
In this point, has known Cohen guilty. In the documents of the Ministry of justice, it is now called, Cohen had acted “in coordination with and under the direction of” a ‘Individual 1’ referred to a single person. In order for Trump. This suggests that even Trump himself might be made for violation of laws on the financing of the election campaign is responsible.
Can be accused of a sitting President in a criminal trial?
favorite American lawyers rely in their arguments on the American – Constitution from the year 1787. The, however, is not the answer to the question of whether a sitting President can be indicted. It defines for members of Congress, even if very limited, immunity. The President, however, is not explicitly mentioned. Thus, there is no constitutional hurdle for a criminal indictment of the President.
the Supreme Court , the Supreme court appears to evaluate the immunity of the President as restricted. He decided both in the case of Richard Nixon in the Wake of the Watergate affair in 1974, as well as in the case of Bill Clinton in the case of the lawsuit of Paula Jones in 1997 that the President is not on your immunity could relate. Nixon was brought down by a court of law, incriminating tapes. Clinton could not bind a civil law procedure to be sexual harassment. The Supreme Court, however, has decided never General about whether a sitting President can be indicted in a criminal trial.
However, the so-called Office of has found Legal Counsel (OFC), which is located in the Ministry of justice , and in addition to the Minister of justice to the President in legal issues, in two Reports, that a sitting President cannot be indicted. In September 1973, a report, according to which it for the Nation “politically and constitutionally traumatic” was a sitting President accuse appeared. In addition, a prosecution could be virtually an abbreviated removal procedure. Also, a second OFC-report from the year 2000, came to the conclusion that an indictment could restrict the President in his professional duties. On this view, the Ministry of justice convenes today.
However, there are lawyers a different perspective. The law Professor Ronald Rotunda, developed in 1998 a report for the then-special Prosecutor Kenneth Starr. Rotunda argues that a sitting President can be indicted. No one, not even the President, am above the law, the first in 2017, the public has become Text. The Argument that the President is limited in his tasks, keeps Rotunda 25. Additional articles to the Constitution. This define is already a mechanism to replace the President, if he is no longer able to fulfil his office. There is also the danger that certain Offenses could not be punished, because they expire, for example, in the course of the term of office of a President. Starr refused, nevertheless, to rise up in the Whitewater affair and the charges against President Clinton.
no longer Can be accused of the President, once he is in office?
divorced Once out of office, whether regular or by impeachment, is, theoretically, an indictment is nothing more in the way of that. Problematic it could be, but nevertheless, Many of the so-called Federal Crimes, i.e. Offences that are negotiated on Federal level, become Statute-barred after five years. Including violations of the laws on election campaign financing. Trump 2020 should be re-elected, he could get a divorce until the beginning of 2025 from the office. At least the allegations of illegal campaign financing could no longer be punished. Democrat Jerry Nadler, the Chairman of the judiciary Committee in the house of representatives is planning to leave the Statute of limitations for Offense of the President, whose term of office be suspended.
Former President to enjoy so in General, no special status before the court. However, In the Wake of the Watergate scandal in the seventies, all of the defendants were actually in jail – with one exception: Richard Nixon. Nixon was to avoid impeachment, as the President resigned. His successor, Gerald Ford pardoned Nixon just a month after the Changes in September 1974.
Will accuse the investigators of President Trump now?
It is at the discretion of the Prosecutor to consider whether he followed the case, or the case is based – for example, to a severe government crisis. As the first in US history, special investigator, Mueller, or in parallel and any other traceable activity could dare to take this step. Then would need to clarify in the end, the Supreme Court, whether a sitting President can actually be in front of a criminal court. However, the highest court in the country – at the latest after the confirmation of judge Brett Kavanaugh – to be rather conservative in its approach.
to make matters worse, the special Prosecutor enjoys wide freedoms, but still the Ministry of justice. The Ministry has set but, as mentioned above, in its Reports: A sitting President cannot be indicted. Mueller should probably keep in mind and could be stopped in case of doubt of the one who supervised his investigation. Currently, the transitional justice Minister, Matthew Whitaker, a Trump would be a sympathizer.