OPINION_ COFFEY: Can A Sitting President Be Indicted?

DAILY CALLER

COFFEY: Can A Sitting President Be Indicted?

(Photos by Brendan Smialowski and JIM WATSON / AFP) (Photo by BRENDAN SMIALOWSKI,JIM WATSON/AFP via Getty Images)


Justin Coffey
Associate Professor, Quincy University
January 16, 2023 11:06 AM ET


It’s a question that’s never been answered. But one Joe Biden might soon face it now that Attorney General Merrick Garland has appointed Special Counsel Robert Hur to investigate his handling of classified materials. Hur’s inquiry could lead to the creation of a federal grand jury, which could weigh charges against Biden and set up a possible constitutional crisis.

Biden is not the first president to face federal investigation. Richard Nixon, Bill Clinton, and Donald Trump did too. The first two faced charges over events while in office, while Trump and Biden both have faced special counsel investigations over actions predating their presidential tenures.

In 2017, Trump’s Attorney General Jeff Sessions named former FBI Director Robert Mueller to examine possible collusion between the Trump campaign and Russia during the 2016 election. Ultimately Mueller found no evidence of any crimes so the question of indictment never materialized. But if Hur decides that Biden broke the law, could he request the grand jury to indict? 

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READ MORE: https://dailycaller.com/2023/01/16/donald-trump-joe-biden-sitting-president-indicted-mar-a-lago-classified-information-merrick-garland-doj/

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Hovering over the Biden inquiry is the specter of Donald Trump, who is currently under investigation for mishandling classified information. If Special Counsel Jack Smith pursues an indictment against Trump, could that force Hur’s hand? Republicans would certainly cry foul if Trump is arrested and charged but Biden is cleared of any wrongdoing.

All of this shows the question of whether the President of the United States can be indicted is as much a political question as a legal one. We have never had an answer. We might get one soon.

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