Giving the President Immunity from Prosecution is Unconstitutional

The President Should not be immune from prosecution.

The President should not be immune from prosecution. Indeed it is unconstitutional to hold him as immune from prosecution.

House of Representatives

Now it is given that:

“The House of Representatives shall ... have the sole Power of Impeachment.”

Senate

And the Senate shall:

“have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”

Which is a high bar for convicting the President under impeachment & probably why most have resigned as it is difficult to convict even a thorough scoundrel like Andrew Jackson. Moreover the Constitution limits the power to impeach by the Senate is limited:

“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States:”

An Impeached President MUST be tried in the ordinary courts

However the Constitution requires that the person impeached, (especially a President!) must be tried for any crimes. A requirement is something that officers of the constitution have a duty to execute.

“but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

Only Limited Immunity

According to law means what it says. Nobody not the President or anyone else, is above the law. But that is not the only thing the Constitution says about impeachment and trial of officers. Congress next gives senators and representatives limited immunity from prosecution. Saying that Congresspersons (House or Senate) shall:

“in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest”

They are not privileged from arrest entirely, but only while in session. That was intended to prevent other bodies of government from interfering in legislative sessions.

Not a King

No such immunity was granted to the executive, or the President. Indeed the Constitution prohibits titles, privileges not related to his function, or emoluments:

“No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.”

When Trump's business continues to collect rents and gifts from foreign countries. Trump is violating the emoluments clause. That is why several states, including my Maryland are suing him. Trump is not King. And the emoluments clause is clarified in Article 2 section 1, that the President:

“shall not receive within that Period any other Emolument from the United States, or any of them.”

Faithfully Execute the laws

The President takes an oath of office to abide by these promises to:

“faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

And that requirement includes:

“he shall take Care that the Laws be faithfully executed”

This means he can't invent new laws or ignore them.

Pardon Power "Except in Cases of Impeachment

President Trump claims that his pardon power is unlimited:

“he shall have Power to Grant Reprieves and Pardons for Offenses against the United States,”

But it is not, because the Constitution says that the President's power is limited in cases of impeachment.

“except in Cases of Impeachment.”

Why Impeachment by the House is Important

Even if we aren't sure an impeachment can be convicted in the Senate. It is important to impeach Trump and his co-conspirators for this clause "cases of impeachment." I think a case can be made that once impeachment hearings start he can't pardon Cohen, Mannafort, Weiselberg, etc ... unless the Senate fails to convict him, and I'm not sure then. And of course if he is convicted, he is removed from office and can be tried in any court.

Threatening Rebellion

If Trump were to hold onto power by insurrection and violence. His position would be illegitimate. And the 14th amendments says why. If he did, being that he:

“shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

He would be prohibited from holding public office.

All quotes are from the Constitution