Punishing the president Is impeachment on the cards?
Q Can Donald Trump be indicted?
A Mr Trump has been accused by his personal lawyer Michael Cohen of ordering illegal hush money payments. Such claims would normally result in an indictment, but the consensus is it would be very hard to bring criminal charges against a sitting president.
The US Justice Department guidelines say: “The indictment or criminal prosecution of a sitting president would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions”.
However the advice does not categorically rule out the possibility and the US Constitution remains unclear on the issue.
Q
Will Trump be impeached?
A Impeachment is a political, rather than legal, process. The House of Representatives and Senate – the two bodies that
make up the US
Congress – would need to approve his removal from office. Currently Republicans hold majorities in both chambers, meaning Mr Trump’s own party would have to vote him out of office – though that could change in the November midterm elections.
Having two senior figures in Mr Trump’s inner circle convicted of crimes on Tuesday undoubtedly increases the possibility of impeachment, providing concrete evidence of wrongdoing.
Republicans were reluctant to discuss the issue when questioned by reporters yesterday.
For impeachment to really be on the cards Republicans would have to decide it was in their political interest to move against Mr Trump.
Q
Can Trump pardon himself or those convicted?
A The president certainly believes so. He has previously said he has the power to pardon himself – a claim disputed by some lawyers – and can certainly pardon others.
Yesterday, Mr Trump praised Mr Manafort for not working with prosecutors, raising the question of whether a pardon could follow. The White House played down the idea.
Republicans on Capitol Hill would be unlikely to favour such a move.