Harvard law professor issues scathing takedown of DOJ policy that bars prosecutors from indicting a sitting president

Laurence Tribe is a constitutional law professor at Harvard Law School. He's argued cases before the Supreme Court 36 times,  and he's taught students who went on to become U.S. Senators, Supreme Court justices, and even a U.S. President. Among them, Barack Obama, John Roberts, Elena Kagan, and Ted Cruz.

And he's become an outspoke critic of President Donald Trump.

Tribe is going after the Justice Department's policy – which is not law and not in the Constitution – that bars prosecutors from moving to have a sitting U.S. President indicted by a grand jury.

He made the case back in May.

"Nothing" in the "text, structure, or history" of the U.S. Constitution says a sitting President cannot be indicted, Tribe said: "Some people claim that, even if Rosenstein gives Mueller permission to indict Trump as DOJ rules allow, the Constitution forbids such indictment. No! Nothing in its text, structure, or history supports that 'POTUS-is- above-the-law' view, nor does any SCOTUS precedent support it."


Back in August, suggesting Michael Cohen's guilty plea means Trump is equally guilty, Tribe said Trump's crimes are both impeachable and indictable offenses:


And Monday morning, Tribe issued perhaps the best example yet – ironic, too, after Trump claimed he could "stand in the middle of Fifth Avenue and shoot somebody" and "wouldn't lose voters."

Here's what Tribe says would happen if Trump, indeed, tested his own claim:


Understand the importance of honest news ?

So do we.

The past year has been the most arduous of our lives. The Covid-19 pandemic continues to be catastrophic not only to our health - mental and physical - but also to the stability of millions of people. For all of us independent news organizations, it’s no exception.

We’ve covered everything thrown at us this past year and will continue to do so with your support. We’ve always understood the importance of calling out corruption, regardless of political affiliation.

We need your support in this difficult time. Every reader contribution, no matter the amount, makes a difference in allowing our newsroom to bring you the stories that matter, at a time when being informed is more important than ever. Invest with us.

Make a one-time contribution to Alternet All Access, or click here to become a subscriber. Thank you.

Click to donate by check.

DonateDonate by credit card
Donate by Paypal

Don't Sit on the Sidelines of History. Join Alternet All Access and Go Ad-Free. Support Honest Journalism.