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Hofstra Law Review

Abstract

Today's subject, whether a sitting President may be indicted, is one that I have addressed in print over many years, dating back to the Nixon Administration. In particular, I am the author of The Law as King and the King as Law: Is a President Immune from Criminal Prosecution Before Impeachment?' which I believe remains the most complete and thoroughly-documented scholarly study of the issue. Since it contains a good deal of additional legal and historical data backing up the principal points I will be making, I hope you will read it in full (or at least refer to its voluminous footnotes in the event that you seek more support for any of my statements).

But as the basis for our discussion here today, I would like to begin, in Part I, by presenting a condensed and updated overview of my position, taking the opportunity to respond to a few objections to it that have been made since the Hastings article was published. Then I will turn, in Part II, to the ways in which I believe Congress might constructively play a role in this area. Finally, I have annexed to my testimony as Appendices several primary source documents that are not widely available and that I hope will assist others who may need to grapple with these issues in the future.

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