Constitution clear on immunity law

A recent letter writer offered: “Does the President have total immunity from criminal prosecution? Whoosh. … no. No one is above the law.” The writer is correct that “no one is above the law,” but he needs to reread the Constitution.

The Constitution is clear: the “president, vice president, and civil officers” are granted a special justice system of impeachment by the House of Representatives and judgment by the Senate in Article II, Section 4. They are exempted in Article III, Section 2 from the normal criminal justice system. Only if the president, vice president and civil officers are impeached by the House of Representatives and convicted by the Senate, does Article I, Section 3 provide for “removal from Office, and disqualification” to hold any Office of the United States: “but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.” In other words, prosecution in the normal criminal justice system may only proceed after conviction by the Senate.

President Trump’s indictments for acts while in office violate the Constitution because he was not convicted of any crime by the Senate. Only after conviction is he liable for and subject to the normal criminal justice system.

Robert Phillips

Signal Mountain