READ THE CONSTITUTION...IT IS THE LAW...NOT THE SCOTUS DECISION IF THAT DECISION IS IN CONFLICT WITH THE CONSTITUTION. SCOTUS OPINIONS DO NOT COUNT!
THE SCOTUS IS ANALYZING WHETHER A PRESIDENT HAS COMPLETE IMMUNITY FOR ACTIONS AS PRESIDENT. IT DOESN'T MEAN TREASONOUS ACTIONS AS DETERMINED BY THE CONSTITUTION.
The U.S. Constitution defines treason in Article III, Section 3, and it applies to all citizens, including the president. Specifically, the Constitution outlines two ways a person can commit treason: by levying war against the United States or by adhering to its enemies, giving them aid and comfort. The Constitution also specifies that a conviction for treason requires the testimony of two witnesses to the same overt act or a confession in open court.
The Constitution also addresses the process for removing a president, including for treason, through impeachment. Article II, Section 4, states that the President, Vice President, and all civil officers of the United States can be removed from office upon impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. The House of Representatives has the sole power to impeach, while the Senate has the sole power to try all impeachments.
IT IS TRUE A SITTING PRESIDENT MUST FIRST BE IMPEACHED AND REMOVED FROM OFFICE TO BE PROSECUTED FOR TREASON. A FORMER PRESIDENT IS A CITIZEN OF THE USA AND DOES NOT HAVE THAT PRIVILEDGE.
A former president can be prosecuted for treason, while a sitting president cannot be indicted or prosecuted. The Department of Justice has taken the position that a sitting president has temporary immunity and cannot be indicted or prosecuted while in office. However, a former president is subject to the same laws as any other citizen and can be prosecuted for crimes committed while in office or after leaving office.
Here's a more detailed explanation:
Sitting President:
Immunity:
While the Constitution doesn't explicitly grant immunity, the Department of Justice has long held the position that indicting or prosecuting a sitting president would interfere with their ability to govern.
Impeachment:
The Constitution provides for impeachment by the House of Representatives and trial by the Senate as a means of removing a sitting president from office for misconduct.
No Indictment/Prosecution:
The DOJ policy, established in the Nixon era, is that a sitting president cannot be indicted or prosecuted.
Former President:
No Immunity:
Once a president leaves office, they are subject to the same laws as any other citizen.
Prosecution:
A former president can be indicted and prosecuted for crimes committed while in office or after leaving office.
Example:
President Gerald Ford granted a pardon to President Richard Nixon for any crimes he may have committed while in office, acknowledging that a former president can be prosecuted.
Treason:
The Constitution defines treason as "levying War against them, or in adhering to their Enemies, giving them Aid and Comfort". A former president could be prosecuted for treason if they engaged in such acts.
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