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There iss. There is talk that the President is immune from…

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There is talk that...

There is talk that the President is immune from indictment, although I have also found counter arguments while researching this question. My question is "If the president is immune from federal indictment during his active term, is he also immune from state indictment? If so what court would have jusistiction to enforce the ban or the indictment?

Lawyer's Assistant: Has anything been filed or reported?

This is an academic question.

Submitted: 3 months ago.Category: Legal
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Answered in 1 day by:
1/7/2018
Lawyer: Amadeo Rivera,
 replied 3 months ago
Amadeo Rivera
Category: Legal
Satisfied Customers: 88
Experience: Sr. Trial Attorney II at El Paso County Public Defender
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Hi. My name is Marcelo. I have been licensed to practice in federal and state courts for almost 20 years now. The answer is no. The president is not immune from indictment (which is the process for charging felonies. Misdemeanors are charged through what is called an Information). There is no federal statute, and nothing in the Constitution, which gives the president immunity from crimes. In fact, Article I of the United States Constitution specifically provides that the Congress may impeach the President for "High Crimes and Misdemeanors." The Constitution does not require that the president be first formally charged, either through information, or indictment. If I have answered your question, please accept my answer and provide positive feedback. If you require additional information, please let me know.

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