A sitting president’s amenability to indictment and criminal prosecution: No caselaw for answering question but there are government memos that analyze the issue

You can read the following four memos and one brief that address a sitting president’s amenability to indictment and criminal prosecution here: September 1973 OLC memo (Nixon admin) October 1973 OSG memo (Nixon admin/Bork) February 1974 Watergate Special Prosecutor memo July 1974 Watergate Special Prosecutor SCt brief May 1998 OIC memo (Whitewater/Lewinsky investigation) October 2000 OLC memo (Clinton admin) And for an analysis of them, see The Only Way to Find Out If the President Can Be Indicted, The Atlantic, May 23, 2018. — Joe

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