Why are presidents immune from criminal prosecution? Trevor Morrison is a law professor and Dean Emeritus at New York University School of Law. He joins Elie Honig to discuss the 1973 and 2000 Office of Legal Counsel Memos that laid the groundwork for presidential immunity.
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Elie Honig:
From CAFE and the Vox Media Podcast Network, welcome to CAFE Insider. I’m Elie Honig. This week, I’m joined by Trevor Morrison. Trevor is a law professor and Dean Emeritus at New York University School of Law. We’ll be discussing the DOJ’s famous or infamous policy of not indicting or prosecuting the sitting president. This policy goes all the way back to 1973. It has remained the official guidance of the department ever since then. And now, of course, the policy is getting renewed attention as President-elect Donald Trump prepares to return to the White House with four criminal cases technically pending, but soon coming to an end.
Legal nerds of the world. Rejoice because have we got the perfect episode for you. Trevor, that is not a reflection on you as the guest. That is a reflection on me and our subject matter today, which is this DOJ policy that has really been one of the most high profile, and I think controversial and really widely disliked or maligned policies that we have on the books. So let’s start with the basics. Can you walk us through basically where this policy comes from and what essentially does it tell us?
Trevor Morrison:
