Reading Room Document

Amenability of the President, Vice President and other Civil Officers to Federal Criminal Prosecution while in Office

This document discusses the question of whether a civil officer of the federal government can be the subject of criminal proceedings while still in office. It raises issues related to impeachment, the immunity of the President from criminal prosecution, and the practical implications of requiring impeachment to precede criminal proceedings. The document concludes that the Constitution does not require the completion of impeachment proceedings before an officer of the United States may be subjected to criminal proceedings. It also highlights the difficulties and complexities that would arise if impeachment were to precede indictment. The document also addresses the potential interference with the President's constitutional duties and the challenges in ensuring a fair trial in criminal proceedings involving a President.

September 24, 1973