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- Feb 23, 2017
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Trump's lawyers argue he can't be charged while in office — even if he shoots someone
"That's your position?" federal appeals court Judge Denny Chin asked. "That is correct," the president's lawyer responded.www.nbcnews.com
The long-standing view of the Justice Department is that a president cannot be indicted while in office. William Consovoy, Trump's lawyer, told the 2nd Circuit Court of Appeals that the immunity extends to the entire criminal justice process, including grand jury subpoenas for documents.
Carey Dunne, New York District Attorney Cy Vance Jr.'s general counsel, said the president's position is too absolute.
There could be examples in which a state should be able to conduct a criminal investigation of a sitting president, "if, for example, he did pull out a handgun and shoot someone on Fifth Avenue."
Asked about that, Consovoy said a president could be charged with such a crime once he was out of office or if he was impeached and removed from office. "This is not a permanent immunity," he said.
"I'm talking about while in office. Nothing could be done? That's your position?" Judge Denny Chin asked.
"That is correct," Consovoy said.