Prosecution of the President of the United States: The Constitution, Executive Power, and the Rule of Law

This book explores the constitutional, historical, and political arguments surrounding presidential immunity from prosecution, examining the opinions of the Office of Legal Counsel and the Supreme Court. It analyzes presidential immunity in light of the separation of powers, impeachment, and the rule of law.

Format: Paperback / softback
Length: 257 pages
Publication date: 17 November 2022
Publisher: Springer Nature Switzerland AG

This comprehensive book delves into the intricate and multifaceted realm of presidential immunity from prosecution, encompassing a wide range of constitutional, historical, and political considerations. It provides a detailed examination of the arguments surrounding this immunity, as well as the rationale provided by the Office of Legal Counsel that ultimately led to the decision not to prosecute President Trump.

The book focuses specifically on the opinions expressed by the Office of Legal Counsel, which serve as the basis for understanding the constitutional underpinnings of presidential immunity. By examining the deliberations of the 1787 Convention and the ratification debates, the book sheds light on the textual and historical foundations of presidential immunity. These opinions are placed within the context of previous criminal investigations into Presidents Nixon and Clinton, as well as the Supreme Court's rulings on their claims and those of President Trump.

Furthermore, the book analyzes presidential immunity in the broader context of the separation of powers, the availability of impeachment, and the potential conflicts between presidential immunity and the rule of law. It explores how these factors shape the understanding and application of presidential immunity and raises important questions about the balance between the executive and judicial branches of government.

Overall, this book offers a thorough and insightful exploration of presidential immunity, providing a valuable resource for scholars, policymakers, and the general public interested in understanding this critical aspect of American politics and governance.

Weight: 359g
Dimension: 210 x 148 (mm)
ISBN-13: 9783030813758
Edition number: 1st ed. 2022