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On Prosecuting Presidents

Amar, Akhil Reed

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Faculty Scholarship Series

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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.

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http://hdl.handle.net/20.500.13051/5368