New York lawmakers have proposed the “No Citizen is Above the Law” legislation that would make it harder for President Trump or any other future president to avoid state prosecution if accused of criminal wrongdoing.
A sitting president is immune from arrest or prosecution while in office, according to a pair of Justice Department memos — one from 1973 and another from 2000 — which interpret the US Constitution. The US Supreme Court has never made a determination on the issue.
But during that period, the statute of limitations could expire and bar a prosecutor from bringing a criminal case once a president leaves office.
The bill introduced by Sen. Michael Gianaris (D-Queens) and Assemblyman Nick Perry (D-Brooklyn) will “toll” the statute of limitations in order to bring a case — meaning freezing or stopping the clock on the limitations period until the president leaves office.
The offices of state Attorney General Letitia James and Manhattan District Attorney Cy