The Law as King and the King as Law: Is a President Immune From Criminal Prosecution Before Impeachment?

Lecture Date



This lecture was based on Eric Freedman's article, The Law as King and the King as Law: Is a President Immune from Criminal Prosecution Before Impeachment? The article, published in the Hastings Constitutional Law Quarterly, is linked here.

Speaker Information

Professor Freedman has two primary areas of academic interest. One is constitutional law and history, with a special emphasis on the history of the Revolutionary period, First Amendment topics, and separation of powers. The second is litigation-centered and includes the fields of civil and criminal procedure and strategy, with a focus on the death penalty and habeas corpus. He has testified on these matters several times before Congress and other legislative bodies.

Professor Freedman is actively involved in the continuing professional education of lawyers and judges, and in providing pro bono litigation advice and representation, most recently with respect to issues arising from the campaign against terrorism.

He is the reporter for the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Capital Cases, which were released at a conference at the Law School in 2003, and the author of Habeas Corpus: Rethinking the Great Writ of Liberty, published by New York University Press. Professor Freedman also serves as a member of the American Law Institute, a fellow of the American Bar Foundation, and a director of and counsel to the National Coalition Against Censorship.

Professor Freedman was elected as Teacher of the Year by the graduating class of 2006. In 2004, he received the Dybwad Humanitarian Award of the American Association on Mental Retardation for his work in exonerating an innocent Virginia death row inmate in Virginia. He formerly chaired the City Bar Association's committee on civil rights, and served on its executive committee and committees on capital punishment, communications law, and legal history.

Before coming to Hofstra, Professor Freedman was a litigator with the New York City law firm of Paul, Weiss, Rifkind, Wharton & Garrison, where he pursued both general commercial practice and numerous pro bono matters. Professor Freedman also served as a law clerk to Judge Irving R. Kaufman of the U.S. Court of Appeals for the Second Circuit, studied abroad on a Fulbright Scholarship, and served as an editor of the Yale Law Journal.