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On Prosecuting Presidents
Amar, Akhil Reed
Amar, Akhil Reed
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Abstract
In 1996, my student Brian Kalt and I co-authored an article explaining that a sitting President is constitutionally immune from ordinary criminal prosecution-state or federal-but is of course subject to ordinary prosecution the instant he leaves office, a prospect that can obviously be hastened by impeachment. In this Essay, I shall summarize my reasons for continuing to believe this.