So Trump can just say, "I'm not President today"

[edhopper]

And take money from anybody who wants to to give it to him?

Why do I feel the Repukes will forget everything thing Trump did the minute a Dem becomes President.

[Ocelot II]

1. If he's "not the president today," that means whatever he's doing isn't an official act,

so per SCOTUS he could be prosecuted if the act is criminal.

[edhopper]

2. Yes

But by whom?

[Ocelot II]

4. Maybe a state attorney general; Pam Bondi sure won't do it.

Also, most federal crimes have a five-year statute of limitations, and he'll be out of office in less than four. If a Democrat wins in 2028 it could work.

[edhopper]

5. Unless they use

The ol' bottom up strategy.

[Bernardo de La Paz]

8. Things like that are badly lacking in definition in the law

When Dems get back, I think a priority should be to clearly define such things in law. It might be wise to codify the DoJ policy not to indict a sitting President, but if so I think there should be a section including that any statutes of limitations do not open until he is out of office.

The amount of stuff to do when we get back is staggering.

[Ocelot II]

10. It will be like cleaning the Augean stables.

[Bernardo de La Paz]

11. Worse because is a self-described "stable genius" so the

... so the shit will be fresh, voluminous, and toxic. In the meantime while cleaning up, there will be crowds of "tourists" surround the stables wanting to kill and then scoop up the shit for keepsakes, to eat and to smear on the walls.

[Ocelot II]

12. Right now it all seems more like Sisyphus' boulder.

[greatauntoftriplets]

13. As long as JB Pritzker is governor of Illinois, I think he'd do it.

Our AG, Kwame Raoul, is a drumpf-hating Democrat too.

[Ocelot II]

14. It would have to be a crime committed in that state, though.

Anyhow, a sitting president can't be prosecuted even for an unofficial act, so it would have to be after he's out of office, regardless where the crime occurred.

[greatauntoftriplets]

15. Damn, thanks for the info.

He avoids Illinois.

[DJ Synikus Makisimus]

16. Let's ask Merrick Garland what he thinks. (n/t)

[Bernardo de La Paz]

6. You have the key question: "Official Duties", but "is he president today" is not the question.

He is always President, unless signed out during anaesthesia for example, because he is always available to act an Official Duty (ex. "3 am phone call" ).

[Ocelot II]

7. Yes, he's always on call, but if his excuse for having these events

as private money-making schemes is that he's "off the clock" and not acting in his capacity as president, then he's admitting he's not engaging in an official act. He can't have it both ways.

[Bernardo de La Paz]

9. Exactly. Accepting bribes or collecting fealty is "off the clock" because it is not an Official Duty. . . .nt

[Bernardo de La Paz]

3. No, he is ALWAYS prezi. It's more fine-grained than that. He does not get to say when he is on "Official Duties",

Official Duties is the question. I think even the Supreme Court in its current membership would say accepting a bribe is not an Official Duty.

It is determined by context, because it needs to be more carefully delineated in law (Hint to Dems for when we regain power). But absent delineation, I would say that even in the Oval Office if he solicits a bribe it is not an Official Duty (hence is impeachable during term and prosecutable after term). He might be hosting a foreign leader and hence would nominally be on Duty, but that does not excuse a bribe, so whether you say that at that instant he is "On" or not, doesn't matter, in my book absent more definition by law or precedent.

He is prezi even while asleep or golfing or changing his diaper. A President is always available whether "On" or not, 24/7/365.