DOJ - OLC: Whether a Former President May Be Indicted and Tried for the Same Offenses for Which He Was Impeached by the House and Acquitted by the Senate | OLC | Department of Justice

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Whether a Former President May Be Indicted and Tried for the Same Offenses for Which He Was Impeached by the House and Acquitted by the Senate

Whether a Former President May Be Indicted and Tried for the Same Offenses for Which He Was...

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Are Ds risking a double jeopardy argument by Trump (preventing his prosecution for inciting insurrection) by proceeding with a Senate trial that is going to result in acquittal? OLC says, no. But no court has ever resolved this complex constitutional question.

12:11 AM · Jan 27, 2021·Twitter Web App

Whether a Former President May Be Indicted and Tried for the Same Offenses for Which He Was Impeached by the House and Acquitted by the Senate | OLC | Department of Justice

WHETHER A FORMER PRESIDENT MAY BE INDICTED AND TRIED FOR THE SAME OFFENSES FOR WHICH HE WAS IMPEACHED BY THE HOUSE AND ACQUITTED BY THE SENATE

Date of Issuance: 

Friday, August 18, 2000

Headnotes: 

The Constitution permits a former President to be indicted and tried for the same offenses for which he was impeached by the House of Representatives and acquitted by the Senate.

Attachment: 

op-olc-v024-p0110_0.pdf