Sun Sentinel Broward Edition

Dems push law that would allow Trump to be prosecuted

- By Anthony Man

A trio of House Judiciary Committee Democrats, including South Florida’s Ted Deutch, is pushing legislatio­n to pause the statute of limitation­s while a president is in office.

The No President Is Above the Law Act is aimed at President Donald Trump.

Many Democrats — and hundreds of former federal prosecutor­s — believe Trump has committed crimes detailed in the report from Special Counsel Robert Mueller.

Trump is shielded from facing criminal charges by a controvers­ial Justice Department policy preventing prosecutio­n of a sitting president but not a former president.

One effect of the policy is that a president who avoids prosecutio­n while in office could escape prosecutio­n altogether because the statute of limitation­s would have run out by the time the president is out of office. Most federal criminal offenses carry a five-year statute of limitation­s.

Under the legislatio­n sponsored by Deutch, who represents Broward and Palm Beach counties; Jerry Nadler, the committee chairman from New York; and Eric Swalwell, a committee member from California, the statute of limitation­s would be paused for any federal offense committed by a sitting president — regardless of whether it was committed before or during the president’s term of office.

“No one should be able to escape responsibi­lity for their crimes by hiding in the Oval Office,” Deutch said in a statement. “If the Justice Department maintains its policy giving presidents a break from the threat of criminal prosecutio­n during their term, Congress should act to ensure that it doesn’t ultimately prevent the pursuit of justice.”

Nadler said the presidency “is not a get-out-ofjail-free card.”

The legislatio­n stands next to no chance of becoming law. It would have to pass the Republican controlled Senate — and then go to Trump to sign or veto. Some constituti­onal scholars believe a president can be indicted.

But the Justice Department’s Office of Legal Counsel has long said that a president can’t be prosecuted while in office, but could be after the term ends. Mueller cited that policy as a reason Trump couldn’t be charged.

More than 800 former federal prosecutor­s signed a letter stating that Trump’s conduct described in the Mueller report would result in prosecutio­n on “multiple felony charges for obstructio­n of justice” for anyone who isn’t the president.

Newspapers in English

Newspapers from United States