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Question about the Statute of Limitations

Posted: Tue Dec 11, 2018 6:42 am
by _MeDotOrg
If Donald Trump serves until 2024, it is theoretically possible that the statute of limitations would run out on potential crimes he may have committed in the runup to the election. So if the President cannot be indicted while he is in office, should the statute of limitations hit 'pause' for the time he is shielded from prosecution?

Re: Question about the Statute of Limitations

Posted: Tue Dec 11, 2018 8:31 am
by _Chap
See the interview with Napolitano on Fox, referenced in another thread.

The position he sets out is that there is strong opinion that a President cannot be prosecuted while in office - but that, precisely in order to avoid the statute of limitations running out, a sitting President can be indicted, thereby stopping the clock on the statute and making it possible to prosecute after the President leaves office.

Re: Question about the Statute of Limitations

Posted: Tue Dec 11, 2018 5:03 pm
by _Res Ipsa
In general, a temporary bar to prosecution will toll any applicable statute of limitations. I’m not sure that even an indictment is required.

Re: Question about the Statute of Limitations

Posted: Tue Dec 11, 2018 5:14 pm
by _Chap
Res Ipsa wrote:In general, a temporary bar to prosecution will toll any applicable statute of limitations. I’m not sure that even an indictment is required.


I deduce that in the context of US law the word 'toll' in a sentence like this means something like 'stop the clock running on'.

Amirite?

Re: Question about the Statute of Limitations

Posted: Tue Dec 11, 2018 8:09 pm
by _Res Ipsa
Chap wrote:
Res Ipsa wrote:In general, a temporary bar to prosecution will toll any applicable statute of limitations. I’m not sure that even an indictment is required.

I deduce that in the context of US law the word 'toll' in a sentence like this means something like 'stop the clock running on'.

Amirite?

You win a kewpie doll.

Re: Question about the Statute of Limitations

Posted: Tue Dec 11, 2018 9:54 pm
by _subgenius
Res Ipsa wrote:In general, a temporary bar to prosecution will toll any applicable statute of limitations. I’m not sure that even an indictment is required.

I thought that only applied to redundancies, misdemeanors, and labor disputes...

Re: Question about the Statute of Limitations

Posted: Wed Dec 12, 2018 2:48 am
by _Res Ipsa
Larry Tribe argued on CNN today that the Justice Department has the Constitutional power to indict and prosecute a sitting president. He was dubious of the notion that indictment alone would toll the statute. Apparently, he wrote a NYT Op-Ed on the subject.

ETA: Actually, it was in the Globe: https://www.bostonglobe.com/opinion/201 ... story.html. He argues that the DOJ policy on indicting the president is unconstitutional.