Former Attorney General Eric Holder, who is considering a 2020 presidential bid, tweeted Tuesday that “a sitting President can be indicted.”
A sitting President can be indicted. https://t.co/JECqQ1YqD1
— Eric Holder (@EricHolder) February 27, 2019
Holder quoted a tweet of his from December of last year that read, “Constitution does not anticipate allowing a president who used fraud to obtain the office to remain in power.”
He added, “Executive branch paralysis during the criminal process is not a compelling argument- consider 25th Amendment. A sitting president can be indicted.”
The 25th Amendment, proposed by Congress and ratified by the states in the aftermath of the assassination of President John F. Kennedy, provides the procedures for replacing the president or vice president in the event of death, removal, resignation, or incapacitation.
As Special Counsel Robert Mueller is expected to finalize a report sometime this year on his investigation into Russia’s role in the 2016 U.S. election, whether President Donald Trump’s campaign conspired with Moscow and whether Trump unlawfully sought to obstruct the probe, many have begun asking whether a sitting president can be indicted.
While the U.S. Constitution explains how a president can be removed from office for “high crimes and misdemeanors” by Congress using the impeachment process, the Constitution does not set forth whether a president can face criminal prosecution in court, and the U.S. Supreme Court has not directly addressed the question.