The Trial Lawyer Magazine Logo
SUBSCRIBE

ABA Fact Check explores basis for ‘A president is not above the law’
ABA Fact Check explores basis for ‘A president is not above the law’

The American Bar Association has posted a new ABA Legal Fact Check that explores the legal precedents related to whether a U.S. president can act “above the law.”

Political conversation turned to this question in the past few days when Rudy Giuliani, an attorney for President Donald Trump, suggested a sitting president could not be indicted. Trump himself fueled the conversation a day later when he tweeted that he had the “absolute right” to pardon himself if necessary.

The new fact check explores the relevant parts of two U.S. Supreme Court decisions involving then-Presidents Richard Nixon in 1974 and Bill Clinton in 1997 and how they might pertain to legal situations today. It also analyzes the Supreme Court’s assertion in the Nixon case that a president does not have “unqualified presidential privilege of immunity from judicial process under all circumstances.”

ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to sometimes confusing legal questions and issues. The URL for the site is www.abalegalfactcheck.com. Follow us on Twitter @ABAFactCheck.

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
chevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram