Prosecution of the President of the United States : the Constitution, executive power, and the rule of law
Author(s)
Bibliographic Information
Prosecution of the President of the United States : the Constitution, executive power, and the rule of law
（The evolving American presidency series）
Palgrave Macmillan, c2022
- : pbk
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Note
Includes bibliographies and index
Description and Table of Contents
Description
This book provides a detailed look at the constitutional, historical, and political arguments concerning presidential immunity from prosecution, as well as the opinions of the Office of Legal Counsel that provided the justification for the decision not to prosecute President Trump. Focusing on those opinions, the book examines the constitutional basis of presidential immunity, both textual and historical, as reflected in the deliberations of the 1787 Convention and the ratification debates. The opinions are viewed in the context of the criminal investigations of Presidents Nixon and Clinton that gave rise to those opinions, as well as the pronouncements of the Supreme Court concerning their claims, and those of President Trump to immunity from judicial inquiry. Lastly, the book analyzes presidential immunity in light of the separation of powers, the availability of impeachment, and the discordance between presidential immunity and the rule of law.
Table of Contents
Part IChapter 1: The Founding Era
Chapter 2: The Nixon Era and the 1973 Office of Legal Counsel Memorandum
Chapter 3: The Clinton Era
Chapter 4: The Senate Judiciary Committee Hearing on Presidential Immunity
Chapter 5: The Second Memorandum of the Office of Legal Counsel
Chapter 6: Donald J. Trump V. Cyrus R. Vance
Part II
Chapter 7: The Separation of Powers
Chapter 8: Impeachment: Sequentiality
Chapter 9: Impeachment: Criminality
Chapter 10: The Rule of Law
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