9/19/2019

INVESTIGATIONS/LAWSUIT/TRUMP AS PRESIDENT: “Lawyers for President Trump argued in a lawsuit filed on Thursday [9-19-19] that he could not be criminally investigated while in office, as they sought to block a subpoena from state prosecutors in Manhattan demanding eight years of his tax returns. Taking a broad position that the lawyers acknowledged had not been tested, the president’s legal team argued in the complaint that the Constitution effectively makes sitting presidents immune from all criminal inquiries until they leave the White House. Presidents, they asserted, have such enormous responsibility and play a unique role in government that they cannot be subject to the burden of investigations, especially from local prosecutors who may use the criminal process for political gain. Several constitutional law scholars interviewed by The New York Times said that if the lawyers’ position were accepted by the court, it would set a sweeping new precedent. But they also said it was far from certain that the theory, which was not based on established case law, would succeed. While an onslaught of investigations would most assuredly disrupt a presidency, the Constitution does not explicitly say that presidents are shielded from criminal inquiries.”

Michael Gold, “Trump Lawyers Argue He Cannot Be Criminally Investigated,” The New York Times online, September 19, 2019