Faculty

Prof. Eric M. Freedman Quoted in FiveThirtyEight Story on Whether Sitting President Can Be Sued or Prosecuted

Eric M. Freedman, Siggi B. Wilzig Distinguished Professor of Constitutional Rights

Is President Trump Above The Law? Possibly
By Amelia Thomson-DeVeaux
FiveThirtyEight
Jan. 8, 2018

Excerpt:
Others have argued, however, that indictment wasn’t mentioned because it was obvious to the framers of the Constitution that criminal prosecution and impeachment were remedies for different kinds of misconduct.

“Presidents can behave in ways that make them unfit to be president, even if that action isn’t criminal, and that’s what impeachment is designed to deal with,” said Eric Freedman, a professor at Hofstra University’s Deane School of Law. “And there are criminal activities that are bad and deserve criminal action but aren’t necessarily impeachable. They’re essentially on different tracks.” A traffic violation might be an example of a criminal offense that isn’t impeachable, while ordering the firing of a special prosecutor might be impeachable but not criminal.

Read the full article on the FiveThirtyEight website.

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