US Presidents Are Not Immune From Criminal Prosecution
Partner David Chaiken’s byline—“US Presidents Are Not Immune From Criminal Prosecution”—was published in the White Collar and Public Policy sections of Law360 on August 1, 2017. In the article, Chaiken challenges the conventional wisdom that a sitting president cannot be criminally prosecuted. Chaiken points out that the analyses upon which this view is based—memos issued by the Office of Legal Counsel (“OLC”) of the U.S. Department of Justice during the Nixon and Clinton administrations—misunderstand modern white collar criminal litigation, disparage our federal jury system, and elevate arguably specious arguments over sacred founding principles such as the rule of law and limited government.