united-states criminal-law president
Can a President of the United States be arrested for previous crimes?
<p>Recently, the FBI decided not to recommend prosecution of Hillary Clinton, and as of 12:00 noon EST Clinton is projected to have lost her bid for POTUS. However - if the FBI had recommended prosecution and Hillary had won the election, what would the result have been?</p>

<p>I don't know how the US legal system works, but if it would have taken time for her to be convicted, she could have been sworn in as POTUS before being imprisoned, if guilty.</p>

<p>Could she have been arrested after she was sworn in? Or does the POTUS have immunity?</p>

<p>There is no definitive answer, which can only be determined by SCOTUS if faced with a case. <a href="https://www.justice.gov/sites/default/files/olc/opinions/2000/10/31/op-olc-v024-p0222.pdf" rel="nofollow noreferrer">DOJ has opined</a> twice that "the  indictment  or criminal  prosecution of a sitting President would impermissibly undermine the capacity of the executive branch  to  perform  its  constitutionally  assigned  functions". The Impeachment Clause (art.I, §3, cl.7) says</p>

<blockquote>
  <p>Judgment  in  Cases  of  Impeachment  shall  not  extend  further 
  than  to removal from  Office,  and disqualification  to  hold  and
  enjoy  any  Office  of  honor,  Trust  or  Profit  under  the  United 
  States:  but  the  Party  convicted  shall  nevertheless  be  liable 
  and  subject  to  Indict­ment, Trial, Judgment and Punishment,
  according to Law</p>
</blockquote>

<p>The exegesis of this clause is that this means a sitting president cannot first be prosecuted for a crime, but must first be removed from office. The counter-argument is that "nevertheless" indicates that this clause only states that a president can be removed <em>and then</em> prosecuted, and that removal does not preclude further action. In other words, the law has yet to be determined on this matter.</p>
