Newly introduced 2024 presidential contender Donald Trump can’t use his standing as a former president to keep away from being prosecuted, Rep. Jamie Raskin (D-Maryland) mentioned this week.
Showing on CNN previous to Trump’s announcement from Mar-a-Lago that he’s working for president once more in 2024, Raskin additionally defined that Trump cannot avoid investigations from the Department of Justice (DOJ) on account of being a candidate.
“Underneath our Structure, we don’t have an ‘workplace of former president of the USA.’ A former president of the USA is only a citizen,” Raskin mentioned to CNN host Anderson Cooper.
Raskin: “Underneath our structure, we do not have an workplace of former POTUS. A former POTUS is only a citizen.” pic.twitter.com/uxBQGx9sza
— Aaron Rupar (@atrupar) November 16, 2022
Trump “can nonetheless be tried” as a candidate, Raskin added. “I believe the Division of Justice has been clear about that. All that issues is, the information of the case and the legislation.”
There are some departmental insurance policies that forestall the DOJ from bringing indictments in opposition to a candidate simply weeks earlier than an election, the Maryland Democrat acknowledged. “However apart from that, working for workplace isn’t one thing that can immunize you in opposition to prosecution,” Raskin mentioned.
Though Raskin — a member of the January 6 committee and a former Trump impeachment manager — is appropriate in his assessments, the DOJ might make some changes as to the way it strikes ahead on the inquiries it has open relating to the previous president.
According to reporting from The Washington Post, discussions have already occurred throughout the Justice Division on whether or not a particular counsel must be appointed, when Trump pronounces his presidential candidacy, to guide the investigation into Trump’s involvement within the January 6 Capitol assault and tried overturning of the 2020 election, in addition to the investigation into his improperly eradicating labeled paperwork from the White Home upon his exit from workplace.
Since Trump introduced his candidacy on Tuesday, these discussions have probably been renewed.
DOJ regulations require a special counsel to be appointed within the occasion that the division believes it could seem to have a battle of curiosity in a selected case, or within the occasion of “different extraordinary circumstances” that make it “within the public curiosity” to make such an appointment.
Nonetheless, such an appointment wouldn’t derail an ongoing investigation, simply restrict how Lawyer Common Merrick Garland can direct issues going ahead.
Trump’s candidacy additionally doesn’t restrict investigations on the state stage. For instance, the investigation into his and his loyalists’ try and overturn election outcomes in Georgia can proceed transferring ahead, no matter his entry into the 2024 presidential race.