24.1 Claire O. Finkelstein & Richard W. Painter 24.1 Claire O. Finkelstein & Richard W. Painter

Presidential Accountability and the Rule of Law: Can the President Claim Immunity if He Shoots Someone on Fifth Avenue?

Can a sitting President be indicted while in office? This critical constitutional question has never been directly answered by any court or legislative body. The prevailing wisdom, however, is that, though he may be investigated, a sitting President is immune from actual prosecution. This Article argues that the Trump v. Vance case suggests a sitting President can be investigated and indicted while in office.

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