bdmetronews Desk ॥ Donald Trump’s legal troubles are far from over, despite his acquittal in the U.S. Senate impeachment trial that ended on Saturday.
U.S. Senate Minority Leader Mitch McConnell noted this just moments after voting to acquit Trump, saying the courts are the proper forum for holding the former president accountable for his role in the deadly Jan. 6 attack on the U.S. Capitol by Trump supporters.
“President Trump is still liable for everything he did while he was in office as an ordinary citizen,” McConnell said on the Senate floor. “He didn’t get away with anything. Yet.”
Here’s an explanation of how Trump’s leaving office affects his criminal and civil exposure.
Can Trump be prosecuted for acts he engaged in as president?
Yes. Now that Trump has left office, any misconduct he engaged in as president is “fair game” for criminal charges, said Brian Kalt, a constitutional law professor at Michigan State University.
Trump enjoyed more protection from prosecution while he was president because the U.S. Justice Department has concluded it would be unconstitutional to indict a sitting president. But there is no federal prohibition on charging a former president for acts committed while in office.
“The immunity argument is about the timing of the trial; it is generally accepted that ex-presidents can be prosecuted for crimes committed in office,” Kalt said.
Do Trump’s official acts enjoy special protection from prosecution?
No.
In some contexts, U.S. courts have drawn a distinction between a president’s “official acts” and actions unrelated to the job of president. For example, in a 1982 case the U.S. Supreme Court ruled that, in civil lawsuits, presidents are immune from liability arising from their official acts.
But if Trump violated criminal laws, the fact that he took those actions while president would not shield him from liability, said Randall Eliason, a law professor at George Washington University and a former federal prosecutor.
