In banana republics, leaders sometimes get ousted and end up in jail — or dead.
But in America, presidents are never pursued legally. In fact, it’s widely held that the president cannot be prosecuted.
“There are … incidental powers, belonging to the executive department, which are necessarily implied from the nature of the functions, which are confided to it,” Supreme Court Justice Joseph Story wrote in 1833. “Among these, must necessarily be included the power to perform them, without any obstruction or impediment whatsoever. The President cannot, therefore, be liable to arrest, imprisonment, or detention, while he is in the discharge of the duties of his office.”
But some legal experts say a president can be prosecuted after leaving office, and some liberals have expressed a desire to target President Donald Trump, should he officially lose the 2020 presidential election.
Still, Democratic nominee Joe Biden reportedly does not want to open investigations into Trump, saying such an effort would