Seth Abramson @SethAbramson Attorney. @Newsweek columnist. NYT bestselling author of a book on Trump's Iran policy, Proof of Conspiracy (Macmillan, amzn.to/2sQBWYL). Professor. Apr. 24, 2019 1 min read

Wouldn't the statute of limitations arguably *toll* during any period an individual is unavailable to be indicted (e.g., during occupancy of the White House)? I can't imagine any federal prosecutor *not* making this argument, as otherwise Trump would *literally* be above the law.

1/ If DOJ regulations allowed federal prosecutors to indict a president now and prosecute him or her later (after their presidency had ended) things might be a bit different, but it doesn't—and besides which, such a process could give rise to a solid speedy trial claim for Trump.

2/ @tribelaw, can you shed any light on this?

3/ Trump could argue DOJ—executive branch—regs can't toll the operation a legislative act (statute). But in that case, doesn't it invalidate the regs, making Trump—as executive branch head—responsible for their invalidity, and give a prosecutor grounds to say Trump can't benefit?


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