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Old 06-23-2019, 06:28 PM
DSYoungEsq is offline
Join Date: Jul 1999
Location: Indian Land, S Carolina
Posts: 14,414
Originally Posted by Chronos View Post
On what grounds, DSYoungEsq? As far as a state is concerned, he's just another citizen.
On the basis of federalism. Joseph Story himself wrote in his Commentaries on the Constitution of the United States that,
Originally Posted by 1563
There are ... incidental powers, belonging to the executive department, which are necessarily implied from the nature of the functions, which are confided to it. Among these, must necessarily be included the power to perform them, without any obstruction or impediment whatsoever. The President cannot, therefore, be liable to arrest, imprisonment, or detention, while he is in the discharge of the duties of his office ...
If states were free to indict and try a sitting President, then all sorts of politically motivated efforts to impose criminal liability would undoubtedly be undertaken. I shudder to think what the last Administration would have faced had Attorneys General in solidly "red" states thought they had the right to charge President Obama with crimes related to anything and everything from "Benghazi, Benghazi, Benghazi" on. It would not be a good thing.

The proper way to proceed in such cases is undoubtedly to take whatever action is needed to toll any statute of limitations, then wait until the President is out of office to commence a trial.