Will the Trump Prosecutions Go Away? (with Barb McQuade)
Stay Tuned with Preet
Deep Dive
Why might the Manhattan case against Trump not proceed during his presidency?
The Office of Legal Counsel (OLC) memo prohibits charging a sitting president, as it would distract from their essential duties. This policy has been in place since 1973 and hasn't been revisited by recent administrations.
What is the potential outcome for Trump's Manhattan case if he is sentenced during his presidency?
Judge Mershon could impose a fine since it's against Trump in his individual capacity, but a custodial sentence is unlikely due to the OLC memo's restrictions.
Why is the OLC memo on not charging a sitting president considered valid?
The memo is seen as valid because it aligns with the Constitution's requirement to ensure the president's undistracted focus on essential duties. It has been upheld multiple times since 1973.
How might Trump's presidency impact the Georgia case against him?
Similar to the Manhattan case, the Georgia case is unlikely to proceed during his presidency due to the OLC memo's prohibition on charging a sitting president.
What is the significance of the OLC memo in the context of Trump's legal cases?
The OLC memo is significant as it establishes a long-standing policy that prevents the prosecution of a sitting president, ensuring they are not distracted from their duties. This policy has been consistently upheld.
- Judge Mershon could potentially sentence Trump to a fine in his individual capacity.
- The OLC memo prohibits charging a sitting president, which influences the decision to proceed with trials or imprisonment.
- There is a debate on whether state-level trials can proceed during a presidency, but both speakers agree it is highly unlikely.
Shownotes Transcript