Ford was picked by Nixon to be his running mate. He was not picked by the people or the electoral college to be Vice President. Pence, however, was picked by Trump to be his running mate but was picked by both the people and the electoral college to be Vice President. See if you can think of how those might be different levels of popular support and why a vp who has already been through one national election might start with a different level of support than someone the pubic never heard of until Nixon picked him and without any voter input outside the beltway. Work with it a little.
Unfortunately, we are all human and the judge doesn't always get it right. What follows is the Dept of Justice's rendering of the constitutionality of indictment and ends your argument/position: https://www.justice.gov/olc/opinion...enability-indictment-and-criminal-prosecution "In 1973, the Department concluded 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. We have been asked to summarize and review the analysis provided in support of that conclusion, and to consider whether any subsequent developments in the law lead us today to reconsider and modify or disavow that determination.1 We believe that the conclu sion reached by the Department in 1973 still represents the best interpretation of the Constitution. The Department’s consideration of this issue in 1973 arose in two distinct legal contexts. First, the Office of Legal Counsel (“ OLC” ) prepared a comprehensive memorandum in the fall of 1973 that analyzed whether all federal civil officers are immune from indictment or criminal prosecution while in office, and, if not, whether the President and Vice President in particular are immune from indictment or criminal prosecution while in office. See Memorandum from Robert G. Dixon, Jr., Assistant Attorney General, Office of Legal Counsel, Re: Amenability of the President, Vice President and other Civil Officers to Federal Criminal Prosecution while in Office (Sept. 24, 1973) (“ OLC Memo” ). The OLC memorandum con cluded that all federal civil officers except the President are subject to indictment and criminal prosecution while still in office; the President is uniquely immune from such process. Second, the Department addressed the question later that same year in connection with the grand jury investigation of then-Vice President Spiro Agnew. In response to a motion by the Vice President to enjoin grand jury pro ceedings against him, then-Solicitor General Robert Bork filed a brief arguing that, consistent with the Constitution, the Vice President could be subject to indict ment and criminal prosecution. See Memorandum for the United States Con cerning the Vice President’s Claim of Constitutional Immunity (filed Oct. 5, 1973), In re Proceedings of the Grand Jury Impaneled December 5, 1972: A Sitting President's Amenability to Indictment and Criminal Prosecution Application of Spiro T. Agnew, Vice President of the United States (D. Md. 1973) (No. 73-965) (“ SG B rief’). In so arguing, however, Solicitor General Bork was careful to explain that the President, unlike the Vice President, could not constitu tionally be subject to such criminal process while in office. In this memorandum, we conclude that the determinations made by the Department in 1973, both in the OLC memorandum and in the Solicitor General’s brief,remain sound and that subsequent developments in the law validate both the analytical framework applied and the conclusions reached at that time. In Part I, we describe in some detail the Department’s 1973 analysis and conclusions. In Part n, we examine more recent Supreme Court case law and conclude that it comports with the Department’s 1973 conclusions.2"
When The Justice Dept says Hillary shouldn't be charged with crimes you disagree.When The Justice Dept under different leadership says a President cant be indicted you agree.The Justice Dept opinions change as their leadership changes.
That's a 44 year old rendering by Nixon DOJ that was reaffirmed 17 years ago under Clinton and is still the position today. Your argument has been firmly and soundly defeated and you should choose a different subject to debate.---By the by, the remark about Hillary not being charged has no bearing at all on this and you threw that in gratuitously.
https://www.nytimes.com/2017/07/22/...ed-kenneth-starr-memo.html?smid=tw-share&_r=0 Can the President Be Indicted? A Long-Hidden Legal Memo Says Yes By CHARLIE SAVAGE JULY 22, 2017 WASHINGTON — A newfound memo from Kenneth W. Starr’s independent counsel investigation into President Bill Clinton sheds fresh light on a constitutional puzzle that is taking on mounting significance amid the Trump-Russia inquiry: Can a sitting president be indicted? The 56-page memo, locked in the National Archives for nearly two decades and obtained by The New York Times under the Freedom of Information Act, amounts to the most thorough government-commissioned analysis rejecting a generally held view that presidents are immune from prosecution while in office. “It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties,” the Starr office memo concludes. “In this country, no one, even President Clinton, is above the law.” Mr. Starr assigned Ronald Rotunda, a prominent conservative professor of constitutional law and ethics whom Mr. Starr hired as a consultant on his legal team, to write the memo in spring 1998 after deputies advised him that they had gathered enough evidence to ask a grand jury to indict Mr. Clinton, the memo shows. Other prosecutors working for Mr. Starr developed a draft indictment of Mr. Clinton, which The Times has also requested be made public. The National Archives has not processed that file to determine whether it is exempt from disclosure under grand-jury secrecy rules. In 1974, the Watergate special counsel, Leon Jaworski, had also received a memo from his staff saying he could indict the president, in that instance Richard M. Nixon, while he was in office, and later made that case in a court brief. Those documents, however, explore the topic significantly less extensively than the Starr office memo. In the end, both Mr. Jaworski and Mr. Starr let congressional impeachment proceedings play out and did not try to indict the presidents while they remained in office. Mr. Starr, who had decided he could indict Mr. Clinton, said in a recent interview that he had concluded the more prudent and appropriate course was simply referring the matter to Congress for potential impeachment. As Robert S. Mueller III, the special counsel in the latest inquiry, investigates the Trump campaign’s dealings with Russia and whether President Trump obstructed justice, the newly unearthed Starr office memo raises the possibility that Mr. Mueller may have more options than most commentators have assumed. Here is an explanation of the debate and what the Starr office memo has to say. Why do some argue presidents are immune? Nothing in the Constitution or federal statutes says that sitting presidents are immune from prosecution, and no court has ruled that they have any such shield. But proponents of the theory that Mr. Trump is nevertheless immune for now from indictment cited the Constitution’s “structural principles,” in the words of a memo written in September 1973 by Robert G. Dixon Jr., then the head of the Justice Department’s Office of Legal Counsel. This argument boils down to practicalities of governance: The stigma of being indicted and the burden of a trial would unduly interfere with a president’s ability to carry out his duties, preventing the executive branch “from accomplishing its constitutional functions” in a way that cannot “be justified by an overriding need,” Mr. Dixon wrote. In October 1973, Mr. Nixon’s solicitor general, Robert H. Bork, submitted a court brief that similarly argued for an “inference” that the Constitution makes sitting presidents immune from indictment and trial. And in 2000, Randolph D. Moss, the head of the Office of Legal Counsel under Mr. Clinton, reviewed the Justice Department’s 1973 opinions and reaffirmed their conclusion. What was the Starr office’s stance? In laying out his case, Mr. Rotunda played down arguments that permitting a president to be indicted would cripple the executive branch. Instead, he placed greater emphasis on immunity issues that the Nixon — and, later, Clinton — legal teams dismissed. Among them, he noted that the Constitution’s speech-or-debate clause explicitly grants limited immunity to lawmakers for certain actions. “If the framers of our Constitution wanted to create a special immunity for the president,” he argued, “they could have written the relevant clause.” He also wrote that the 25th Amendment, which allows for temporary replacement of a president who has become unable to carry out the duties of the office, created a mechanism that would keep the executive branch from becoming incapacitated if the president was on trial. And he noted that if indictments had to wait until a president’s term was up, some crimes would become untriable — such as those where the statute of limitations had run out. That could happen for crimes that do not rise to an impeachable offense, he wrote, citing the example of a president who punches an irritating heckler. “No one would suggest that the president should be removed from office simply because of that assault,” he wrote. “Yet the president has no right to assault hecklers. If there is no recourse against the president, if he cannot be prosecuted for violating the criminal laws, he will be above the law.” What has the Supreme Court said? The Supreme Court has never addressed the question of whether a sitting president can be indicted and tried. But in a landmark 1997 ruling, Clinton v. Jones, it permitted a lawsuit against Mr. Clinton for unofficial actions — accusations of misconduct before he became president — to proceed while he was in office. In his 2000 memo, Mr. Moss dismissed this ruling, emphasizing that the burdens of being a criminal defendant were greater than the burdens of being sued by a private litigant. But in the Starr office memo, Mr. Rotunda deemed the ruling far more significant for the criminal question. “If public policy and the Constitution allow a private litigant to sue a sitting president for acts that are not part of the president’s official duties (and are outside the outer perimeter of those duties), and that is what Clinton v. Jones squarely held,” he wrote, “then one would think that an indictment is constitutional because the public interest in criminal cases is greater.” Could Mueller go where no prosecutor has before? Even if Mr. Mueller were to uncover sufficient evidence to indict Mr. Trump, decide that the legal arguments in the Starr office memo were correct and conclude that he wanted to ask a grand jury for an indictment while Mr. Trump is president — all big ifs — yet another uncertainty would loom: whether he must accept the Office of Legal Counsel’s analysis, even if he disagreed with it. The Justice Department’s regulations give Mr. Mueller, as a special counsel, greater autonomy than an ordinary prosecutor, but still say he must follow its “rules, regulations, procedures, practices and policies.” They also permit Deputy Attorney General Rod J. Rosenstein to overrule Mr. Mueller if he tries to take a step that Mr. Rosenstein deems contrary to such practices. There is no guiding precedent about whether Office of Legal Counsel memos would fall into that category, or if a special counsel is free to reach his own legal judgments. But as Mr. Mueller’s office investigates, the ambiguity about the rules could influence calculations in the Trump camp about how much to cooperate and how much to fight, said Renato Mariotti, a former federal prosecutor turned defense lawyer. “I would be surprised if Mueller indicted the president for the same prudential reasons that swayed Starr,” Mr. Mariotti said. “But the specter that he might do that could have an impact on things. If I were on the president’s team, I would say, ‘I don’t think it’s likely that he would, but it’s possible,’ depending on what the facts are.”
http://www.nytimes.com/1999/01/31/u...el-starr-weighing-whether-indict-sitting.html THE PRESIDENT'S TRIAL: THE INDEPENDENT COUNSEL; STARR IS WEIGHING WHETHER TO INDICT SITTING PRESIDENT By DON VAN NATTA JR.JAN. 31, 1999 The independent counsel, Kenneth W. Starr, has concluded that he has the constitutional authority to seek a grand jury indictment of President Clinton before he leaves the White House in January 2001, several associates of Mr. Starr said this week. While the President's legal team has fought in the Senate chamber for the President's political survival, Mr. Starr and his prosecutors have actively considered whether to ask a Federal grand jury here to indict Mr. Clinton before his term expires, said Mr. Starr's associates, who spoke on the condition of anonymity.
Special Counsels have maverick ideas that are not defensible. As you can see, the DOJ rendering is the accurate and prevailing position. Were Mueller to have a grand jury indict Trump, it would nearly immediately be struck down by the Supreme Court.
No one has any interest in whether or not Special Counsels think that they can indict. They will always think they can because they believe themselves to be more important than the investigation itself. The Supreme Court would lean heavily on the Consitution and the DOJ reaffirmed position in deciding to stay any indictment put forth on a president. Lawsuit--yes. Indictment--no.