present, esq. wrote:
Make America Great Again wrote:
1) You cannot violate campaign finance law unless you know that it's illegal. I don't think SDNY can prove that he knew it was illegal.
2) And even if it is illegal, it's not an "impeachable" offense because it happened before he became President.
3) Once he leaves office, Trump 46 can pardon him on her first day in office. He will never be indicted.
1) Entirely incorrect. Trivial analogy: If your speedometer is broken and/or you didn't see the "speed limit 35" sign, you've still committed a violation by going 65--regardless of whether your intent was actually to obey all speed limits.
Ignorance of a law may be a MITIGATING factor in determining punishment, particularly if the trier of fact discerns a "good heart" on the part of the defendant, but it does not change the law's being broken.
2) Article II, SECTION 4, U.S. Constitution: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." There is no specification of "while the president is in office." A crime committed before commencing the presidency may nevertheless be an impeachable offense.
This makes more sense if we remember that impeachment is a political and not judicial process. An example: If it were discovered that someone had committed a murder before assuming the presidency--but the crime was only found out after the inauguration--Congress might well conclude that s/he would be ineffective as a president and/or did not "deserve" to be president, and proceed with impeachment on that basis.
3) A presidential pardon deals only with federal, not state, charges. NYC and NYS (and other localities) would be free to indict for, and prosecute, any crimes for which a grand jury considers there to be enough prima facie evidence.