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Why the DOJ should drop policy shielding sitting presidents from being indicted

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Special counsel Jack Smith is making moves to wind down the federal cases against President-elect Donald Trump. In an opinion for The Hill, CERL’s Professor Claire Finkelstein urges the Department of Justice to drop long-established policy that shields sitting presidents from being indicted. While intended to protect the ability of the executive branch to carry out its constitutional responsibilities, this policy could embolden individuals already charged with crimes to use the presidency to get immunity.  

Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and Faculty Director of the Center for Ethics and the Rule of Law. Read her bio here

The views expressed here are the author’s own and do not necessarily represent those of any organization or university.

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Why the DOJ should drop policy shielding sitting presidents from being indicted