While Donald Trump became the first sitting or former President to be indicted, Tuesday’s proceedings set up more unresolved questions to come. What happens if Trump wins re-election and is convicted of a felony while in the White House?
, while Trump’s attorney said he would prefer next spring. Some experts say this timing would take the unique circumstances into account: “Most judges—the judge, for example, running the criminal trial—would avoid a timing that leads to that kind of question,” says Aziz Huq, professor of law at the University of Chicago. “So if that was a real risk of both a conviction and let’s say it was jail time, rather than a fine, that would be clear before an election occurs.
Dorf points out that there’s an officer removal statute in U.S. judicial code, “which allows a federal officer who is charged with a state crime to have the case removed from state court and tried by state prosecutors in federal court.” According to an American Bar Association publication, the idea is to prevent bias against federal officials from local prosecutors by allowing cases to be heard in a federal forum.
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